WP(C) 861/2011 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA The petitioners five (5) in numbers filed the instant writ petition for a direct ion to the respondents particularly, the respondent No.5, Director of Education, B.T.C., Kokrajhar to release the current salary of the petitioners as well as t he arrears salary from the date of their joining in service. Heard Mr. B. Ramchiary, learned counsel appearing for the petitioners as well as Ms. M. Gogoi Medhi, learned Standing Counsel, Education Department appe aring for the respondent Nos.1 and 3. Also heard Mr. D. Saikia, learned Standing Counsel, Finance Department appearing on behalf of the respondent No.2 and Mr. R. Sinha, learned Standing Counsel, BTC appearing on behalf of the respondent No s.4 to 6. As agreed to by the learned counsel appearing for the parties and keepin g note of the nature of prayer in the instant writ petition, this petition is ta ken up for final disposal at the motion stage itself. The brief facts needed to be discussed for disposal of the instant writ petition are as follows - The pres ent petitioners earlier filed a writ petition before this Court for their compas sionate appointment and in view of the order in the writ petition being W.P.(C) No.783 of 2007 and W.P.(C) No.4719 of 2007, the petitioners were appointed on co mpassionate ground while the contempt petition being Cont. Case ' 145 of 2008 wa s pending. At the time of disposal of the contempt petition, this Court made an observation inter-alia that the respondents would take consequential steps to pa y the salaries of the appointed persons. After the disposal of the contempt peti tion, the petitioners made a representation to the Secretary, Education Departme nt, B.T.C. on 12.10.2010, wherein, they made a request to the Secretary, Educati on Department, BTC, Kokrajhar for releasing their salaries but till date neither the Secretary, Education, BTC release their salaries nor disposed of the repres entation. Hence the writ petition. Mr. B. Ramchiary, learned counsel for the petitioner while urging for relief sou ght for submits that right to work is not a fundamental right but right to salar y of an employee is a fundamental right being the salaries is the source of live lihood and right to live includes right to livelihood. More so due to non-paymen t of salaries, the petitioners are almost starving with their family members. Learned Standing Counsel, BTC submits that at this stage he is not in a position to submit whether the petitioners are really entitled the salaries in-accordanc e with law or not. Therefore, it would be proper to dispose of the representatio n with a direction to the Secretary, Education Department, BTC, Kokrajhar, respo ndent No.4 herein to dispose of the representation of the petitioners dated 12.1 0.2010 by a reason order. Ms. Gogoi, learned Standing Counsel, Education Departm ent as well as Mr. D. Saikia, learned Standing Counsel, Finance Department also quote in the same line of Mr. Sinha, learned Standing Counsel, BTC. In view of the above submissions of the learned counsel for the parties and on p erusal of the contention of the petitioner, this Court is of the considered opin ion that submissions of learned counsel for the petitioners have some force. Thi s Court is further opinion that it would meet justice if the respondent No.4 is directed to consider the representation of the petitioners and if really the pet itioners were served from the date of appointment to till date and if after cons ideration it is found that really these petitioners discharged their duties and there is no hurdle as per law to provide their salaries then the same should be paid. Accordingly, it is directed that the petitioners shall furnish a copy of this or der along with the copy of the writ petition to the respondent No.4 within two ( 2) weeks from today and the respondent No.4 shall consider the representation da ted 12.10.2010 taking note of the contention made in the writ petition and if on consideration it is found that they are entitled, then they should be paid thei r arrear salaries and also take the steps for making payment of the current sala ries subject to their entitlement of the aforesaid law. The entire exercise shall be completed within a period of three (3) months from the date of receipt of this order along with the copy of the writ petition. With the aforesaid order, the instant writ petition is disposed of.