WP(C) 2707/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioner by the present petition has prayed for directing the resp ondent authorities to release the salary due and payable w.e.f. 04.03.1993, whic h according to the petitioner has not been paid though the District Elementary E ducation Officer, Hailakandi vide order dated 24.03.2009 has revoked the order o f suspension dated 04.03.1993 and reinstated him in service as Assistant Teacher and posted at Gaglacherra Kalapahar M.E. School, pursuant to which the petition er claims to have joined. I have heard Mr. A.Y. Choudhury, the learned counsel for the petitioner and Mr. Goswami, the learned standing counsel Education Department appearing for the respondent Nos.1 to 3. None appears for the respondent No.4 today. Despite the opportunities given, no affidavit-in-opposition has been filed by any of the respondents. The petitioner was initially appointed as Science Teacher for a period o f 3(three) months, without any selection vide order dated 19.11.1991 issued by t he District Elementary Education Officer, Hailakandi and was posted at Kuchila M .E. School. It appears from the communication dated 17.02.2002 issued by the Hea dmaster, Kuchila M.E. School to the District Elementary Education Officer, Haila kandi that the services of the petitioner thereafter was extended initially for 6(six) months. The order dated 22.04.1992 passed by the District Elementary Educ ation Officer, Hailakandi reveals that the term of appointment of the petitioner along with others as science graduate teacher was extended thereafter until fur ther order. The petitioner was subsequently transferred from Kuchila M.E. School to Jeekkapur M.E. School vide order dated 11.02.1993 issued by the District Ele mentary Education Officer, Hailakandi. For non-compliance of such order of trans fer the petitioner was placed under suspension pending drawal of Departmental Pr oceeding by the District Elementary Education Officer vide order dated 04.03.199 3 with immediate effect. The said order of suspension however has subsequently b een revoked vide order dated 24.03.2009 passed by the District Elementary Educat ion Officer, Hailakandi and the petitioner has been reinstated in service and po sted at Gaglacherra Kalapahar M.E. School where according to the petitioner he h as joined. The case of the petitioner in the present case is that despite his jo ining he has not been paid the salary due to him w.e.f. 04.03.1993 though by ord er dated 24.03.2009 the period of suspension is treated as on duty. It appears from the order dated 24.03.2009 passed by the District Elemen tary Education Officer, Hailakandi that the order dated 04.03.1993 placing the p etitioner under suspension has been revoked and he has been reinstated and poste d at Gaglacherra Kalapahar M.E. School. The period of suspension has also been t reated as on duty. Such order has been passed for the failure of the Disciplinar y authority to initiate the Departmental Proceeding despite expiry of more than 6(six) years. The petitioner having been reinstated in service and there being a n order that the period of suspension shall be treated as on duty and also there being no order passed as required under FR-54B(5), the respondent authorities a re duty bound to pay the salary to the petitioner, which according to the petiti oner has not been paid since 04.03.1993 despite his joining at Gaglacherra Kalap ahar M.E. School on 24.03.2009. In view of the above, this writ petition is disposed of with a direction to the respondent authority to pay the salary payable to the petitioner with ef fect from the date when such salary has not been paid and subject to the conditi on that the petitioner has joined the place of posting at Gaglacherra Kalapahar M.E. School pursuant to the order dated 24.03.2009 passed by the District Elemen tary Education Officer, Hailakandi (Annexure-6 to the writ petition). Such payme nt shall be paid within a period of 3(three) months from the date of receipt of the order. The writ petition is accordingly allowed to the extent as indicated abov e. No cost.