WP(C) 3986/2009 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY The petitioner’s grievance relates to non-payment of her salary for the period J une,1996 to February,2002 as Graduate Teacher in Arts at Sevak High School, Darr ang. I have heard Mr. A.K. Goswami, Senior Advocate assisted by Mr. B. Buragohain, Ad vocate for the petitioner and Mr. Khataniar, learned Standing Counsel, Education Department, Govt. of Assam for the official respondents. The petitioner’s pleaded case, in short, is that she was appointed in the above capacity on ad-hoc basis for a period of three months vide order dated 08.03.199 4 of the Inspector of Schools, Darrang District Circle, Mangaldoi and posted at Maroi Bijulibari High School, Darrang. She was however withdrawn from the said School and diverted to Sevak High School, Darrang vide order 16.03.1994 by the D irector of Secondary Education, Kahilipara, Assam. Prior thereto, by the order d ated 04.03.1994 of the same authority the post against which she had been appoin ted and was then allotted to the Maroi Bijulibari High School, Darrang was shift ed as well to the Sevak High School, Darrang to accommodate her. The order date d 04.03.1994 mentions that the said post had been created vide letter No.EDG.567 /91/115 dated 16.11.1991. While the petitioner continued to serve as ad-hoc Graduate Teacher (Arts) in Sev ak High School, Darrang she appeared before the District Level Selection Board, Darrang for regularization of her services. On being recommended by the said Boa rd, the Inspector of Schools, Darrang District Circle, Mangaldoi vide order date d 29.09.1995 regularized her services with effect from 01.07.1994 as Assistant T eacher of Sevak High School, Darrang. Though, she continued to render her servi ces without any break, her salary from the month of June,1996 was withheld. Having unsuccessfully represented before the concerned authorities of the Depart ment, she approached this Court with WP(C) No.3275/1999 which was disposed of on 03.01.2000 requiring the Director of Secondary Education, Assam to cause necess ary enquiry to be made and to order payment of her salary both, arrear and curre nt, if she was found to be appointed on regular basis and rendering her services . Official communications followed and it transpires that the concerned authori ties laboured under the impression that though the services of the petitioner ha d been regularized w.e.f. 01.07.1994 as for the period from June, 1996 to Februa ry,2002, the post she was holding had not been retained, she was not entitled t o any salary. Eventually, by order dated 01.04.2008, the Director of Secondary Education, Assa m construed the said post to be non-existent for the aforementioned period for w ant of retention and rejected the petitioner’s claim for salary. The Respondent No.2 (Director of Secondary Education, Assam) in his affidavit, i n substance, has reiterated the above stand of the Department. In specific term s it has been pleaded that as the post held by the petitioner was not retained f rom June,1996 her salary for the period therefor was not payable. Mr. Goswami has urged that in the face of the order dated 03.01.2000 rendered by this Court in WP(C) No.3275/1999 and the admission of the State respondents tha t the petitioner had been rendering her services without any break, the impugned decision of denying her salary for the period June,1996 to February,2002 on the ground of non-retention of the post during that period is obviously illegal, ar bitrary, unreasonable and unjust. While, drawing the attention of this Court to the order dated 30.04.2009 of the Inspector of Schools, Darrang District Circle, Mangaldoi, whereby the petitioner had been confirmed in services against the post that had been initially created and transferred to the Sevak High School, Darrang, the learned Senior counsel h as urged that the implication thereof being that the reservation with regard to the retention thereof had been dropped, there is no justifiable reason to withho ld her salary for the period June,1996 to February,2002. Mr. Khataniar has urged that as the contemporaneous records reveal that for the period involved, the post held by the petitioner had, in fact, not been retained , considering her initial appointment to be on ad-hoc basis against the same, he r claim is visibly untenable. Upon hearing the learned counsel for the parties and on a consideration of the p leaded facts and the documents annexed, this Court is disinclined to sustain the plea raised on behalf of the respondents. To start with, though the petitioner had been appointed on ad-hoc basis, her post created vide Govt. Letter No.EDG.5 67/91/115 dated 16.11.91 and allotted to Maroi Bijulibari High School, Darrrang was withdrawn therefrom to be reallotted to Sevak High School, Darrang by the le tter dated 16.11.1991 of the Director of Secondary Education, Assam. That the pe titioner after joining the Sevak High School, Darrang had been rendering her ser vices against the allotted post is a matter of record and till date she states t o have been holding the same without any break. Vide the order dated 03.01.2000 passed in WP(C) No.3275/99 this Court directed release of her salary, if her ap pointment was regular and she was rendering her services. Prior thereto, admitt edly her services had been regularized w.e.f. 01.07.94 on the recommendation of the District Level Selection Board, Darrang. This assumes significance in view of the fact that the petitioner’s claim for arrear salary relates to a point of time subsequent to the date and for which her services had been regularized. Though, the Director of Secondary Education, Assam, Kahilipara vide order dated 01.04.2008 had rejected the petitioner’s claim for salary for the period involve d on the ground of non-retention of his post, the same has to be held untenable in view of the order dated 30.04.2009 whereby her services had been confirmed ag ainst the said post. The necessary implication in the estimate of this Court is that the plea of non-retention of the said post for the period June,1996 to Febr uary,2002 is clearly unsustainable. Further, in the above backdrop of facts, the determination made by the Director of Secondary Education, Assam that the said post ought to be treated as non-existent for want of retention also lacks persua sion to be accepted. In the above view of the matter, on a totality of the considerations, this Court considers it appropriate to issue a writ of mandamus directing the respondent a uthorities to cause necessary steps to be taken to immediately release the petit ioner’s salary for the period June,1996 to February,2002. As the petitioner is toiling for the said relief since long, the process should be completed within a period of 6(Six) weeks from the date of receipt of the certified copy of this o rder. The petition stands allowed in the above terms. No costs.