WP(C) 522/2007 BEFORE HON’BLE THE CHIEF JUSTICE MR.R.S.GARG HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr.M Bhuyan, learned counsel for the petitioners, Mr.VM Th omas, learned Standing Counsel for Education Department and also Mr.Choudhury, l earned Standing Counsel for Finance Department. 2. This order shall finally dispose of the WP(C) Nos. 840/2007 & WP (C) 522/2007. 3. By this petition, the writ petitioners have brought to the notic e of the Court certain sorry state of affairs to project the condition of the te achers, the builders of the Nation, with a complaint that their salary is not be ing paid regularly and that too for no good reason. 4. When the petition was filed, in the year 2007, the complaint was that salary payment was also absolutely irregular. However, on 5.4.2007, this C ourt issued certain interim orders. In accordance with the said orders, certain actions were taken by the State Government, but, however, the payment is regular ly irregular. The respondents, for the reasons best known to them, on one side, are continuing with the engagement of the teachers, but, at the same time, are m aking a complaint to the Court that because of the excess appointment of the tea chers, the State Government is finding difficult to meet both ends. 5. We are shocked and surprised, nay, astonished, to hear the argum ent and the defence raised by the Respondents. If the State Government finds tha t there are excessive appointments, then, they should have taken appropriate act ion immediately not only against the teachers, but, even, against the persons, w ho had appointed the teachers in excess of the cadre strength, and should have a lso directed for prosecution or should have, at least, issued certain directions in relation to recovery of money. The question that there is excess appointment of the teachers in the cadre is a simple lip service but there is nothing beyon d that. If, in case, the State Government finds that excess number of teachers h ave been appointed, then, it has to thank itself because its wise and competent officers are violating the Rules and the Laws. If the Government has no control over the officers and the will to take action against those officers, then, the State Government should not take any action against the poor teachers, who are s till awaiting payment of their salary to meet their ends. 6. It is indisputable that since 1st December,2009 till date, salar y of the teachers have not been paid. If that be so, it will speak bad against t he Government and the governance. It is always expected of the Government that i t will have the budgetary provisions for making payment of the salary and for ot her works. Though, we may sound a little curt in saying that if the Respondent N os.2 to 7 in fact need their salary every month how can they say that the petiti oners would not need salary every month. The requirement of the food, clothing a nd shelter are the basic requirements for all concern whatsoever they are to mai ntain the family and standard of life. The Respondents, in our opinion, cannot b e allowed to say that because of budgetary provisions or for some reasons akin t o that, they are unable to pay the salary. In the democratic set up, every perso n is entitled to his rightful right. The Government or any other authority, whic h is entitled to maintain the constitutional provision, cannot be allowed to say that they are not in a position to make the payment of the salary. 7. Taking into consideration the totality of the circumstances, it is hereby directed that the arrear/dues with effect from 1.12.2009 to 30th April ,2010 shall be paid by the Government to the concerned and all other teachers wi thin one month from today and the Government and its officers shall ensure payme nt of monthly salary to the teachers latest by 15th of each succeeding month. 8. The Respondent Nos.2 to 7 are hereby forewarned that if these di rections are violated by them, then, they would be exposing themselves to seriou s consequences including the contempt proceeding. 9. Petitions are finally allowed with the directions aforesaid.