WP(C) 570/2002 BEFORE HON’BLE MR JUSTICE I. A. ANSARI Heard Mr. G. Goswami, learned counsel for the petitioner. None has appeared on b ehalf of the respondents. The order, dated 4.11.2010, passed in this writ petition, is self explicit and is, therefore, reproduced below : The grievance of the petitioner in the present petition is that despite his req uest made, he has not been released from the service as Lecturer in Assam Engine ering College so as to enable him to join as Senior Lecturer in Industrial Insti tute of Technology (IIT), Guwahati, where he got the offer for appointment. Acco rding to the petitioner, the respondent authorities were not willing to release him from service basically on 2(two) grounds, namely, (i) that there are shortag e of staff in Assam Engineering College and (ii) a Bond was executed by the peti tioner on 9th July, 1998 for refund of certain amount as specified therein and w hich was also accepted by the authority on behalf of the Government of Assam on the same day. By an interim order passed on 1st February, 2002 in this writ petition, the Stat e of Assam was directed to release the petitioner immediately so as to enable hi m to join at IIT, Guwahati, but the said interim order was made subject to the f inal outcome of the writ petition. Mr. Sarma, learned counsel for the petitioner has submitted that pursuant to suc h interim order passed, the petitioner has been released by the Government of A ssam and he has in the meantime, joined at IIT, Guwahati as Senior Lecturer and where he has been given the further promotion after absorbing him permanently. The petitioner in paragraph 22 of the writ petition has also stated that he is r eady and willing to refund the bond money if permanently absorbed in IIT, Guwaha ti on completion of 3 (three) years period. As noticed above, it is the submission of the learned counsel for the petitioner that he has been permanently absorbed in IIT, Guwahati. Since the petitioner has been released way back in the year 2002, pursuant to th e interim order passed in the present writ proceeding and he has joined at IIT, Guwahati, where he has been permanently absorbed, Mr. Khataniar, the learned Sta nding Counsel, Education Department, shall obtain necessary instruction from the Commissioner and Secretary to the Government of Assam, Education (CTM) Departme nt as well as from the Director of Technical Education, Assam as to whether they , in view of such changed circumstances, would still insist that the petitioner should not be released from service under the Government of Assam and whether th e Government of Assam would be satisfied, if the amount covered by the Bond exec uted by the petitioner is refunded. The case will be taken up for hearing on 9th November, 2010. The case, however, shall remain in the list. Considering the fact that none has appeared on behalf of the respondents to oppo se the writ petition and there are orders passed, in several writ petitions givi ng, similar reliefs as the petitioner has claimed in this case, one of the order s being the order, dated 22.12.1998, passed in Civil Rule No.5831 of 1998. The r elevant portion of the order is reproduced below : Notice of motion was issued in this case on 23.11.98. By the interim order dat ed 23.11.98, the learned Govt. Advocate was directed to take instructions. Howev er, Mr. Das submits that he has not received any instructions till today. In view of the matter, I direct the respondents to release the petitioner forthw ith from Assam Textile Institute to join at his new assignment in I.I.T. Guwahat i as per order dated 23.9.98, sent by the Registrar, Indian Institute of Technol ogy, Guwahati and as per his appointment order dated 12.8.98 (Annexure-5) to the writ petition. In fact, an appeal was preferred against the order, dated 22.12.98, passed in Ci vil Rule No.5381 of 1998, which gave rise to Writ Appeal No.113 of 1999. The wri t appeal was disposed of by a Division Bench of this Court, on 03.5.1999, with t he following directions : Looking to all the facts and circumstances of the case and the nature of the di spute involved as also the argument of learned counsel for the parties, we feel it is not a matter which may be kept pending in the court for long. We, therefor e, in view of the observations made above, order that the petitioner shall be al lowed to continue in the IIT, Guwahati where he has already joined in view of th e orders passed by this Court. So far the question of payment of bound amount is concerned, in the alternative, we provide that the State Government shall take a decision in that regard within a period of 2 months from furnishing of a copy of this order. It is also provided that the petitioner-respondent shall pay the amount under the bond, if any such amount is ordered to be paid by the State Gov ernment. While taking a decision in the matter of payment of bond amount, the St ate Government shall consider the same sympathetically and shall also keep in mi nd the earlier instance, if any, where realization of amount have been waived. I n any cases, however, it is decided that some amount is to be realized from the respondent, the State may consider to realize the same in installments as prayed . We provide that it will be open for Respondent to make an application/represen tation before the State within ten days with the above requests. In consideration of the fact that the petitioner has offered to make the payment of the sum of Rs.3,00,000/- (Rupees three lakhs), which the State Government cl aims to have spent on enabling the petitioner to receive higher education, this writ petition is disposed of with direction to the petitioner to pay to the Gove rnment the sum of Rs.3,00,000/- (Rupees three lakhs) within a period of four mon ths from today and on the payment being so made, the petitioner shall stand rele ased from the obligation to remain in the service of the Assam Engineering Colle ge, Guwahati. No order as to cost.