WP(C) 5402/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY None appears for the petitioner when the case is called after the case was adjou rned in the first half due to absence of the petitioner’s counsel. No prayer is also made on behalf of the petitioner. In pursuant to the order passed by this Court on 27.9.2010, Mr. MR Pathak, learn ed Standing Counsel for the Education Department has referred to an order passed by the Court on 21.11.2008 in WP(C) No. 4560/08 (Pabitra Barman & Ors. Vs. Stat e of Assam & Ors.) which was a similar case like the present one. The petitioners in that case pleaded that in March, 2001 they were appointed in different LP Schools of Nalbari District by orders passed by the Deputy Inspecto r of Schools and they have not been getting their salaries and their services we re under threat of termination. In that case, the Government had taken a stand that in Nalbari District itself o nly 266 posts of LP School teachers were allotted against which one particular D eputy Inspector of Schools i.e. Sri Girin Haloi has given excess appointments to as many as 4510 persons. It was further contended that in 2001 itself, all such illegal appointments were cancelled. The Court in the case of Pabitra Barman & Ors. (supra) had recorded that the en quiry conducted into such illegal appointments in Nalbari District, could not se gregate the genuine from the non-genuine appointments and accordingly, the claim for payment of salary and regularization was found to be untenable. On that bas is, the Court declined to grant any relief to the petitioners and dismissed thei r writ petition. I have perused the Court’s order dated 21.11.2008 in WP(C) No.4560/08 and I am o f the considered opinion that this case is squarely covered by the aforesaid jud gment. However, since the petitioner’s counsel is absent, this case is dismissed for no n-prosecution instead of on merit. A copy of the Court’s order dated 21.11.2008 in WP(C) No. 4560/2008 shall be kep t in this case record.