WP(C) 2084/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY The petitioner is aggrieved by the non-payment of his salary as Chowkidar of Nit yanandapur High School, Hilakandi(hereinafter for short referred to as the Scho ol) since December,2009 as well as, the restraint on him to render his services since then in the above capacity. I have heard Ms. Choudhury, learned counsel for the petitioner and Mr. Thomas, l earned Standing counsel, Education Department, Govt. of Assam for the official r espondents. Briefly, stated the petitioner’s pleaded case, is that pursuant to the order dat ed 12.12.2003 passed by this Court in WP(C) No.10137/2003, he was appointed as a Chowkidar of the aforementioned School on compassionate ground. By order dated 29.12.2004 of the Director of Elementary Education, Assam he joined the post acc ordingly and started rendering his unblemished services. Though his salary, ther efor, was paid, since December,2009 the same has been suddenly withheld. On enquiries being made, he was referred to the letter dated 02.09.2009 of the D eputy Director of the Elementary Education, Assam. Though the name of the petiti oner was not mentioned in the said letter, his appointment was alleged to be fak e. The petitioner being aggrieved, had submitted a representation on 10.03.2010 to the Director of Elementary Education, Assam, but no avail. The respondents in their affidavit, have in substance, stated that following the trail of the probe into the appointment of one Sufian Ahmed Mazumdar on compass ionate ground which was eventually found to be a fake one that of the petitioner was also detected to be forged. Though the name of the petitioner was initially wrongly spelt in the order dated 02.09.2009 of the Deputy Director of Elementar y Education, Assam, it was thereafter corrected following necessary inquiries. A ccordingly, necessary instructions were issued to take appropriate action vis-à- vis the fake appointees including him. The respondents, therefore, justified the stoppage of the petitioner’s salary from the month of December,2009. In his af fidavit-in-reply while refuting the correctness of the imputation laid against h im, the petitioner has brought on record the copy of the judgment and order rend ered by a Division Bench of this Court on 02.07.2010 in Writ Appeal Nos.209/2010 & 210/2010. Ms. Choudhury has urged that the case of the petitioner is clearly covered by th e determination made in the aforementioned appeals. Mr. Thomas has fairly conced ed to the said plea. A plain perusal of the decision rendered on 02.07.2010 by the Division Bench of this Court not only brings to the fore the indenticalness of the factual backgro und with that of the instant proceeding, it, disapproves the action taken of wit hholding the salary of the similarly situated Chowkidars of the relevant institu tions and also invalidates the decision of terminating the services of the appel lant-writ petitioners therein. The respondents have not refuted the present pet itioner’s complaint that not only his salary from the month December,2009 has be en withheld, he as well has been prevented from rendering his services as the Ch owkidar of the aforementioned School. There is, therefore, no reason to mete ou t a differential treatment to him in the teeth of the decision dated 02.07.2010 rendered by the Division Bench of this Court in W.A. Nos.209/2010 & 210/2010. In the above view of the matter, the respondents are hereby directed to release the petitioner’s salary from the month December,2009 and also to permit him to p erform his duties as the Chowkidar of the Nityanandapur High School, Hilakandi, Assam. The impugned decision of the concerned State authority vis-à-vis the pet itioner to this effect is therefore interfered with. The respondents, however a re left at liberty to conduct an inquiry in to the issue of alleged fake appoint ment of the petitioner, if so advised, before taking any punitive action against him akin to the one interfered with or otherwise. The petition, thus is allowed in the above terms. No costs.