WP(C) 145/2007 BEFORE THE HON’BLE MR. JUSTICE B.K.SHARMA Heard Mr. R.P. Sarmah as well as Mr. A.C. Borbora, learned Sr. counsel a ssisted by their respective juniors namely, Mr. A.D. Choudhury and Mr. M.G. Sing h, learned counsel for the petitioners. I have also heard Mr. D. Das, learned S r. Standing Counsel, Bodoland Territorial Council (BTC) along with Ms. M. Bordol oi, learned Standing Counsel, BTC. Mr. M.K. Misra, learned Standing Counsel rep resents the Education Department, Government of Assam. This batch of writ petitions pertaining to termination of services of th e petitioners as Assistant Teachers and Grade-IV employees in M.E. and L.P. Scho ols, has been filed praying for setting aside and quashing of the impugned order s of termination and payment of salary. It is the case of the petitioners that their services could not have been terminated by identical orders of termination , which according to them, depict total non-application of mind. It is the further case of the petitioners that while some of the petitio ners have been paid their salary, but some have not been paid. Upon a reference to the communication made by the authorities of the B.T.C., the petitioners ass ert that the respondents cannot make any distinction relating to payment of sala ry in respect of the cases, in which the stay orders are operating and in respec t of cases where there is no stay order. It is the case of the petitioners that irrespective of stay orders passed, all the petitioners have been continuing in their respective services. Mr. Das, learned Standing counsel, B.T.C., on the other hand, submits th at the petitioners having been appointed irregularly, their services were rightl y terminated. However, he fairly submits that it would have been prudent, had t he petitioners been served with show cause notices asking them to show cause as to why their services would not be terminated. As regards the payment of salary , Mr. Das, learned Standing Counsel, B.T.C. submits that the B.T.C. authority ha s written to the Government of Assam for providing budgetary allocation for paym ent of salary to the petitioners, who have not been paid their salary in absence of the same. In view of the above submission and as agreed to by the learned counsel for the parties, this batch of writ petitions is disposed of with the following directions:- (1) The impugned orders pertaining to termination of services of the petitioners shall stand set aside and quashed. However, it is made clear that no opinion i s expressed regarding the merits of the rights and contents of either of the par ties. The impugned orders have been set aside and quashed on the technical groun ds of non-issuance of notices and/or violation of the principles of natural just ice. (2) It will be open for the B.T.C. authority to deal with the matters in accorda nce with law. However, no adverse orders shall be passed against the petitioner s without providing opportunity of being heard. (3) The petitioners, who have not been paid their salary for the period of servi ces they have rendered; shall be paid their salary seeking budgetary allocation of which, the B.T.C. authority has already written to the Government. Necessary budget sanction shall be provided by the Government to the B.T.C. towards payme nt of admissible salary to the petitioners, who have not been paid their salary. It is made clear that such payment of salary to the petitioners will not be de pendant on the interim order passed by this Court, meaning thereby, that irrespe ctive of interim order passed, the petitioners shall be paid their salary. This is in tune with the interim order passed on 15.12.2006 in W.P. (C) No.6064/2006 . With the above directions, the writ petitions are disposed of.