WP(C) 5515/2010 BEFORE THE HON’BLE MR JUSTICE TNK SINGH These two writ petitions, which involve similar questions of fact and laws, seek ing similar prayer are taken up for joint hearing for being disposed of by a com mon judgment and order. These two writ petitions were moved as early as 01.10.2010 and o n that day Ms.D.Borgohain, learned counsel for the petitioner by referring to ea rlier judgment and order of this court dated 31.03.2009 passed in WP(C) No.2741/ 08 (Md.Saiful Islam & Ors Vs State of Assam) (Annexure-6 to the Writ Petition (C ) No.5515/2010, prayed for similar direction as given by this court in that case . Ms M.G.Medhi, learned State Counsel for the respondents had been given time to ascertain as to whether the present writ petitions are squarely c overed by the earlier decision of this court in Md.Saiful Islam’s case (supra) o r as to whether similar direction can be given in the present writ petitions. Subsequently, these writ petitions were listed on 15.11.2010, 13 .12.2010 and 06.01.2011, but till date, respondents have neither filed affidavit in opposition nor answered by the State counsel to the inquiry made by this cou rt as per order of this court dated 01.10.2020. This being the situation, these writ petitions are taken up for final disposal on the materials available on record. The service of the petitioners as Assistant Primary School in th e L.P.Schools had been regularized by the order of the District Elementary Edn. Officer, Nagaon, w.e.f. 24.04.1998. Copies of the orders for regularization of s ervice of the petitioners as Primary Teachers issued by the District Elementary Education Officer, Nagaon are available as annexures to the present writ petitio ns. It is the specifically pleaded case of the petitioners that the petitioners are rendering their services as Primary Teachers without any break s ince the date of their regularization of services w.e.f. 24.04.1998; but they ar e not getting their pay and allowances since 24.04.1998. As the respondents do not file their affidavit in opposition, th is court has no alternative except to proceed with these cases on the basis that services of the petitioners as Assistant Teachers had been regularized under th e said orders of the District Elementary Education Officer and continuing their service without pay and allowance. Ms Buragohain, learned counsel for the petitioners placed heavy reliance on the decision of the Apex Court in Smt Naseem Bano Vs State of U.P & Ors : AIR 1993 SC 2592 and Bir Singh Chauhan Vs State of Haryana : (1997) 6 SCC 282 and contended that the cases of the writ petitioners are admitted by the res pondents as they (respondents) did not file Affidavit in opposition. This court also perused the earlier order of this court date 31. 03.2009 passed in WP(C) No.2741 of 2008; and is of considered view that the pres ent writ petitions could also be decided in the light of the judgment and order of this Court dated 31.03.2009 passed in WP(C) No.2741/08. For the foregoing reason, the writ petitioners are entitled to t heir service entitlements as due to them. The respondents are directed to take n ecessary steps for payment of pay and allowances of the petitioners for the serv ices rendered by them, within a period of six months from the date of receipt o f certified copy of this order. The writ petitions are allowed.