WP(C) 5390/2008 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. M. Talukdar, learned counsel for the petitioner as wel l as Ms. R. Deka, learned Standing Counsel, PWD. I have also heard Ms. A. Verma, learned Standing Counsel, Finance Department. The two petitioners, who are serving under the respondents as Su b Engineer-II are aggrieved by non-payment of monthly salary to them from May, 2 008. On an earlier occasion, the petitioner No. 1 Shri Dhaneswar Das had moved t his Court by filing writ petition being WP(C) No. 5315/2006, which was disposed of by judgment and order dated 5.4.2007 directing both the authorities i.e. the PWD and the Finance Department to observe all necessary formalities towards paym ent of monthly salary to the petitioner. After the aforesaid judgment and order, the petitioners received their salary upto April, 2008. But they have again been deprived of their month ly salary from May, 2008. Both Ms. Verma and Ms. Deka, learned counsel representing the f inance and PWD respectively have produced written instruction furnished to them. While Ms. Deka, learned Standing Counsel, PWD has been furnished with the writt en instruction dated 13.01.2009 by the Under Secretary (Audit), PWD, Ms. Verma, learned Standing Counsel, Finance Department led by Mr. D. Saikia, learned Stand ing Counsel, Finance Department has been furnished with written instruction date d 13.01.2009 under the signature of the Deputy Secretary, Government of Assam in the Finance (EC-II) Department. On perusal of the said written instructions wha t has transpired is that it is the blame game of the departmental authorities im puted to each other. While the Finance Department has contended that the PWD has not furnished any instruction regarding regularization of services of the 6 inc umbents including that of the petitioners, the PWD has contended that all the de tails were furnished to the Finance Department, but since no action has been tak en towards retention of the posts, salary of the petitioners cold not be release d. In the earlier judgment referred to above, it was provided that whatever inter-departmental formalities were required to be observed towards pay ment of salary to the petitioner from June 2006 should be so observed without an y delay. It was also observed that due to the fault on the part of the authoriti es, which resulted non-retention, the petitioner could not be made suffer. After the said judgment, the petitioners were paid their salary upto April, 2008 and now because of the infighting between the two departments of the same Government , the petitioners have made to suffer due to non-receipt of monthly salary from May, 2008. Whatever may be the inter-departmental tussle, inaction on the part o f the authorities cannot result in non-payment of salary to the petitioners. In view of the above, writ petition is allowed directing both PW D and Finance Department to pay monthly salary to the petitioners from May, 2008 without any further delay. They should be paid their salary both arrear and cur rent as expeditiously as possible, but at any rate not latter than 28.2.2009. It will be appropriate for the learned Standing Counsel for both the Department be exchanged their written instruction for appraisal the respective stand of the D epartments. Let copies of the order be furnished to both the learned Standin g Counsel so that they can appraise the departmental authorities about the direc tion contained in this order. Writ petition is allowed.