WP(C) 6977/2002 BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY Heard Mr T J Mahanta, learned counsel appearing for the petitioners. Als o heard Mr V M Thomas, learned Standing counsel for the Education Department. 2. The nine petitioners herein are Assistant Teachers appointed in differen t L.P.Schools in Lakhimpur District and are before this Court challenging the or der dated 23.10.2002 in Case No. L.C.21/ 2001/ Pt-I/ 172, passed by the Deputy C ommissioner, Lakhimpur, whereby a group of 32 (thirty-two) teachers were declare d to have been fraudulently appointed as teachers, following the conduction of a n enquiry pertaining to illegal appointments of L.P. School Teacher in the Distr ict. The names of 9 (nine) writ petitioners appear among the 32 (thirty-two) nam es appended to the order dated 23.10.2002. 3. By the impugned order, the Deputy Commissioner has ordered that unless t he concerned teachers produce documents to show that they have been genuinely ap pointed, their salaries would not be paid and the salaries already received by t hem would be recovered. 4. A counter affidavit on behalf of the Director of Elementary Education ha s been filed in the present case, wherein it is indicated that out of the 9 (nin e) petitioners only three petitioners namely, petitioner No.1, Tultul Bharali, p etitioner No. 2, Ajoy Kumar Gogoi and petitioner No. 10, Junu Konwar are genuin e appointees and the appointments of the other writ petitioners are not genuine and so they cannot be considered for payment of their salaries. 5. In view of the above position reflected through the counter affidavit fi led by the Director of Elementary Education, Assam, I deem it appropriate to con sider granting relief only to the aforementioned 3 (three) writ petitioners. 6. Accordingly, it is declared that the impugned order dated 23.10.2002 wou ld not apply in case of writ petitioner No.1, Tultul Bharali, writ petitioner No . 2, Ajoy Kumar Gogoi and writ petitioner No. 10, Junu Konwar and they be permi tted to receive their due arrear and current salaries as L.P. School Teachers fo r payment of which, appropriate step would be taken by the respondent authoritie s. 7. With the aforesaid directions, this writ petition stands disposed of. No costs.