WP(C) 947/2007 BEFORE HON’BLE JUSTICE B.K. SHARMA Heard Mr. A. Das, learned counsel for the petitioner as well as Ms. R. C hokraborty, learned State counsel representing the State respondents. I have als o heard Mr. K. Das, learned S.C., BTC. The petitioner holds the substantive post as Junior Assistant in the Foo d & Civil Supplies at Udalguri under BTC. His services were borrowed by the Depu ty Commissioner, Udalguri in his office. Now a stalemate has been created by not paying the salary to the petitioner from November, 2006. While it is the case o f the petitioner that since he has been under administrative control of the BTC and his substantive office is under Food & Civil Supplies Department, the Deputy Commissioner, Udalguri who borrowed his services has created the situation in w hich neither the petitioner has been reverted back to the Food & Civil Supplies , BTC nor his salary has been paid since November, 2006. Ms. R. Chokraborty, learned State counsel was requested to obtain instru ction in this regard. In the order passed on 05.04.07 it was directed that the D eputy Commissioner, Udalguri would furnish report as to what action has been tak en in the matter. Ms. Chokraborty has produced the letter dated 07.04.07 address ed to her by the Deputy Commissioner, Udalguri enclosing therewith certain commu nications relating to payment of salary to the petitioner. The communications ha ve revealed that the Deputy Commissioner, Udalguri has instructed the Assistant Director, Food & Civil Supplies, Udalguri to release the salary of the petitione r. The Assistant Director, Food & Civil Supplies in turn has communicated that h e has requested the BTC to make founds available for payment of salary to the pe titioner. Apart from the above communications there is no concrete materials towar ds actual payment of salary to the petitioner. Learned S.C., BTC submits that si nce Food & Civil Supplies Department is under the administrative control of the BTC, the Deputy Commissioner, Udalguri could not have withdrawn the service of t he petitioner without taking prior approval of the BTC. He submits that the Depu ty Commissioner, Udalguri has created the present stalemate. The stand of the Deputy Commissioner is that the service of the petition er has been borrowed in the exigencies of service. Whatever may be the reasons o f borrowing the service of the petitioner, same cannot lead to non-payment of sa lary to the petitioner. This has led to some amount of forced labour and exploit ation of the petitioner. Further if the petitioner belongs to Food & Civil Suppl ies Department, his service cannot be borrowed indefinitely and that too without payment of salary. The writ petition is disposed of with a direction to the Deputy Commiss ioner, Udalguri to revert back the petitioner to Food & Civil Supplies wing, Uda lguri under BTC immediately. The Assistant Director, Food & Civil Supplies and t he authorities of the BTC shall give necessary approval towards payment of salar y to the petitioner. Entire exercise shall be carried out as expeditiously as possible, but n ot later than 30.04.07, so that the petitioner gets his salary in the 1st week o f May, 2007. The petitioner may obtain a certified copy of this order and furnis h the same before the Deputy Commissioner, Udalguri for his necessary follow up action. Writ petition stands disposed of.