WP(C) 4680/2010 BEFORE HON’BLE MR JUSTICE B.K. SHARMA. The petitioner, who has been appointed as Assistant Teacher on compassio nate ground, has filed this writ petition making a grievance against non-payment of salary since July, 2005. Be it stated here that he was appointed by Annexur e-’F’ order dated 30.3.2001. Initially, he received monthly stipend as per rule and thereafter, on clearance of the Junior Basic Training was paid salary in th e Time Scale of Pay. However, the salary having been stopped from July, 2005 and his all out efforts having not yielded any result, he has filed the instant wri t petition. In the written instructions furnished by the Director of Elementary Educ ation vide his letter dated 15.9.2010, what has been stated is that initially, t he case of the petitioner was delayed on the ground of there being no counter-si gnature of the competent authority in the order of appointment. However, it was clarified that in the matter of compassionate appointment, no such counter sign ature is required. Thereafter, the petitioner was sent for Junior Basic Traini ng and he having cleared the same, was also provided salary in the Time Scale o f Pay. However, the Treasury Officer, Morigaon raised objection to payment of s alary on the ground of appointment of the petitioner being not approved by the c ompetent authority. Mr. M.K. Mishra, learned Standing Counsel, Education submit s that the Treasury Officer, Morigaon did not clear the salary bill as the appr oval of the competent authority i.e. the State Level Empowered Committee (S.L.E. C.) could not be furnished. Mr. S. Chouhan, learned counsel for the petitioner submits that the afor esaid plea is wholly unsustainable, more so, when the matter relates to compassi onate appointment. He submits that if the salary of the petitioner could be paid uninterruptedly from the initial date of appointment to June, 2005, there can b e no earthly reason not to pay salary or withholding of the same from July, 2005 . He submits that the Treasury Officer, Morigaon has acted in the matter quite i llegally. The petitioner being an employee of the Education Department, it was inc umbent on the part of the officers of the said department including the Director ate to take prompt action in the matter instead of forcing the petitioner to app roach this Court for release of his salary. If any formality was required to be carried out, those formalities ought to have been carried out instead of sitting over the matter for the last more than 5 years. In view of the above, the writ petition is allowed directing the respond ents including the Treasury Officer, Morigaon to release salary of the petitione r upon observation of all the required formalities, if any, Let the salary, both arrear and current, be released on or before 31st December, 2010, failing which all the respondents will be liable for payment of interest on delayed payment. If the salary now receivable by the petitioner in terms of this order, is not pa id within the stipulated period of 31.12.2010, the Chief Secretary of the State shall ensure withholding of salary of all the respondents with effect from 1st J an,2011 until further orders from this Court. With the above direction, the writ petition is disposed of. The written instructions, referred to above, shall form part of the records. Let a copy of this order be furnished to Mr. Mishra, learned Standing, E ducation.