WA 369/2007 BEFORE HON’BLE MR. JUSTICE RANJAN GOGOI HON’BLE MR. JUSTICE B.P.KATAKEY Ranjan Gogoi, J This appeal is directed against an order dated 24.2.2006 passed by a learned Single Judge of this Court in a proceeding registered and numbered as WP(C) No. 7086/2005. 2. The operative directions contained in the aforesaid order may be usefully extracted below :- After hearing the learned counsel for the parties, this writ petition is dispos ed of with a direction to the respondents to expedite the issue of payment of re gular salary to the petitioners, and such regular salary shall have to be paid f rom the financial year 2005-2006 and for that purpose the Chief Executive Office r will start paying regular salary to the writ petitioners after allocation of f und and the respondent No. 2 and 3 shall allocate separate fund so that discrimi nation apparently may not occur in respect of the payment to the petitioners mor e particularly in comparison to the regular salary for discharging identical wor k and duties like other similarly situated person. The State Government shall re lease the fund expeditiously for the purpose and after allocation of fund immedi ately the payment of regular salary shall have to be started to be paid to the p etitioners forthwith. With the above observations, this writ petition stands disposed of. . 3. The part of the impugned order extracted above makes it abundant ly clear that the duty and obligation of the appellants to pay regular salary to the respondents/ writ petitioners, though arises from the year 2005-06, is cont ingent on allocation and release of funds by the State Government to the appella nts. The appellants, therefore, will be required to pay regular salary only once funds are made available at its disposal. Admittedly, till date no such fund ha s been released or allocated. 4. Mr AK Sarma, learned counsel for the appellants has made a state ment that as and when funds are made available payment in terms of the Court’s o rder will be made. If that be so, we do not see how any effective orders will be required to be passed in the present case. The correctness of the order directi ng release of funds by the State Government for the purpose of payment of regula r salary to the respondents/ writ petitioners or their entitlement to such regul ar salary cannot be gone into in this appeal at the instance of the appellants/ Union. The said question would have been the appropriate subject matter of adjud ication had the State persisted with the appeal filed by it against the very sam e order dated 24.2.2006 which appeal has been dismissed by order dated 1.7.2008 pursuant to the order of the same date passed in M.C. No.1920/07. 5. For the aforesaid reasons, we do not find the present to be a fi t case for interference with the order of the learned Single Judge. 6. The appeal, consequently, shall stand disposed of in terms of th e observations as above. No costs.