WP(C) 5756/2007 BEFORE HON’BLE MR JUSTICE PK MUSAHARY Heard Mr. P.J. Phukan, learned counsel for the petitioner. Also heard Ms . M. Gogoi, learned Standing Counsel, Education Department and Mr. B. Gogoi, lea rned Standing Counsel, Finance Department. The petitioner’s father died in harne ss on 10.2.97while he was serving as Assistant teacher leaving behind the petiti oner. The petitioner applied for appointment on compassionate ground through pro per channel and the Govt. accorded approval to the appointment of the petitioner on compassionate ground to the post of Grade-III post as it appears from Govt. letter dated 16.6.98, Annexure-’A’. On the basis of the said Govt. letter dated 16.6.98 the Deputy Director, Secondary Education, Assam directed the Inspector o f Schools, MDC, Morigaon to take necessary steps for appointment of the petition er vide his letter dated 16.6.98 and accordingly the said Inspector of Schools a ppointed the petitioner as L.D. Assistant in Jaluguti Higher Secondary School o n compassionate ground vide order under memo No. GB-Esstt/HSS/Hs/2/27/93/8435-39 dated 21.12.98. Accordingly the petitioner joined in the said post on 21.12.98 and has been serving regularly since then till date. It is stated that although he has been appointed as aforesaid, he has not been paid his monthly salary sinc e the date of his joining. He has been making representations before the authori ties concerned claiming payment of salary as he has been serving in the said pos t but of no avail. Ultimately the petitioner filed a writ petition namely WP(C) No. 784/04 and this Court by an order dated 6.2.04 disposed of the said petition with a direction to the respondent No. 3, the Inspector of Schools, Morigaon Di strict Circle to examine the case of the petitioner as to why the salary has not been paid since 1998 and if the above facts are found valid and legal, the peti tioner should be paid his salary in accordance with law. In pursuance of the afo resaid direction of this Court an enquiry was made and the Secretary to the Govt . of Assam vide his letter dated 28.4.04 directed the respondent No. 3 to examin e the case of the petitioner as to why the salary has not been paid since , 1998 . It is stated by Mr. Phukan, learned counsel for the petitioner that after the internal enquiry was made, it has become clear from the letter of the Deputy Sec retary to the Govt. of Assam, Education (Secondary Department) dated 19.4.07 tha t the post in which the petitioner was appointed in the year 1998 had been carry ing its retention only up to 29.2.96. There is not further retention of the said post after 1996. As such the salary of the petitioner could not be paid. From the correspondences made between the office of the Directorate and the Governme nt it has become clear that no positive steps was taken for retention of the afo resaid post against which the petitioner was appointed. By an order dated 19.11.07, this court while issuing notice of motion pa ssed an interim direction to the effect that the proposal for ex-facto retention of the post against which the petitioner was appointed, may be sent by the Educ ation Department and on receipt of the same, the Finance Department may consider the said proposal in accordance with law and the report of the action taken wo uld be laid before the Court on the returnable date. According to Ms. Gogoi, learned Standing Counsel, the Director of Secon dary Education Department vide his letter dated 4.5.08 sent the proposal to the Government. It is to be noted that the Education Department has not yet submitte d any proposal for retention of the aforesaid post. This has revealed from the written instruction dated 5.4.08 submitted by the Joint Secretary to the Govt. of Assam, Finance (EC) III Department. It has been suggested in the said letter that now the only option available to the Education Department is to move Finan ce (SIU) Department with their format for allowing filling up of the vacant LDA post with the date of vacancy and for the period not covered by the said proposa l a supernumerary post is to be created. Mr. Phukan, learned counsel for the petitioner submits that at this stag e this Court may direct the Directorate of Education to send necessary proposal for creation/ retention of the supernumerary post to accommodate the petitioner for the period as suggested by the Finance Department. In view of the above subm ission made by the learned counsel for the petitioner this petition is disposed of with the direction to the respondent No. 3, Director of Secondary Education, Assam to submit proposal as suggested by the Finance Department within a period of 1 month from today and on receipt of such proposal from the Director of Secon dary Education the Finance Department shall take necessary steps for according n ecessary sanction within a period of one month from the date of receipt of the p roposal. With the above direction this writ petition stands disposed of.