WP(C) 5276/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. G.N. Sahewalla, learned Sr. counsel for the petitioner as well as Mr. M. Dutta, learned Standing counsel, Education Department. The petitioner who was promoted to the post of Headmaster by Annexure-I order dated 12.10.04, is aggrieved by non-release of salary since April, 2006. P rior to his promotion to the post of Headmaster, he was in receipt of regular sa lary in the post of Assistant Teacher. The respondent No. 3, i.e. Director of Elementary Education, Assam has filed an affidavit in opposition explaining the terms normalisation and proce ss of normalisation . The affidavit does not deal with the real issue involved i n the writ petition which is non-payment of salary to the petitioner since April , 2006. It only deals with the procedure involved in respect of normalisation of plan post. In paragraph-7 of the counter affidavit, it has been stated that a lthough the petitioner had received salary upto 31.03.2006, but in absence of bu dget provision against the particular plan post of the school, he could not be p aid his salary. It has further been stated that a proposal for normalisation of the post being held by the petitioner was sent to the Govt. in the Education Dep artment vide letter dated 19.03.2009 and 18.01.2010 for taking necessary action. From the stand of the respondent, it appears that the approval of the Finance D epartment is also necessary. Whatever may be the reasons and the procedure involved towards normalisa tion of a post, the petitioner cannot be deprived of his salary which is now out standing since April, 2006. The Government’s inaction cannot be the ground towar ds deprivation of salary to the petitioner. The petitioner is without any salary for the last more than four years. In view of the above, the writ petition is disposed of directing the res pondents including the Finance Department, Govt. of Assam to carry out necessary formalities towards release of salary to the petitioner stated to be payable si nce April, 2006 as expeditiously as possible, but at any rate, not later than 31 .08.2010. In the event of failure to comply with the direction, the respondents will be held responsible for payment of interest in respect of the amount involv ed for arrear salary. Let a copy of this order be furnished to Mr. M. Dutta, learned Standing counsel, Education Department who in turn shall apprise the departmental authori ty about the directions contained in the order. Another copy of this order be f urnished to Mr. D. Saikia, learned Standing counsel, Finance Department.