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2016 DIGILAW 904 (GAU)

Arunoday Mahanta & 20 Ors. v. Khagendra Sarma & 26 Ors.

2016-09-30

AJIT SINGH, MICHAEL ZOTHANKHUMA

body2016
Ajit Singh; CJ.:-- This review petition is directed against order dated 27.1.2015 passed by a Division Bench of this Court in WP(C) No. 5336/2013. In the writ petition, the petitioners therein had challenged the validity of Rule 13 of the Assam Subordinate Accounts Service Rules, 1963. But during the course of hearing, statement was made on behalf of the State Government that deletion of Rule 13 was under active consideration. And in view of the aforesaid statement made, the writ petition was disposed of with a direction to the State Government to take appropriate decision in the matter within two months. Admittedly, the review petitioners were not a party in the writ petition. Also according to the learned counsel appearing for the Finance Department, Draft Rules in compliance of the order dated 27.1.2015 have already been prepared but no decision could be taken in view of the interim stay order. Since the writ petition was not decided on merits and was simply disposed of pursuant to the statement made on behalf of State Government regarding Rule 13, we find no good ground to review the order dated 27.1.2015. The review petitioners if aggrieved shall be at liberty to challenge the validity of amended Rule by filing an appropriate petition in the court of law. With the said liberty, the review petition is dismissed. In the result, the interim stay order also stands vacated.