WP(C) 4904/2009 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr.D.Choudhury learned counsel appearing for the petitioners. Also heard Mr.M.K.Misra learned Standing Counsel, Education Department and Mr.B.Gogo i learned Standing Counsel Finance Department. Considering the grievance raised and as agreed to by the learned counsel appearing for the parties this writ petition is disposed of at the admission st age itself. Pursuant to the appointment order dated 23.9.2008 the petitioner No.1 jo ined as Assistant Teacher in Nalbari Satra M.V.School , Petitioner No.2 joined in Arara Joypalthan MV School and Petitioner No.3 joined in P.N.C. Town M.V.Sch ool on 29.5.2008. However, they have not been paid their salary since initial da te of their joining. Aggrieved thereby the instant writ petition has been filed by the petitioner praying for a direction to the respondent authorities to relea se the salary of the petitioner from the date of their joining in service till d ate. An affidavit-in-opposition has been filed on behalf of the respondent No.2 i.e., Director of Elementary Education, Assam contending therein that the p etitioners have been paid regular salary and the same has already been drawn by the petitioner. However due to non-receipt of proper Finance Department Format from the District Elementary Education Officer, the salary for the period i.e. 25.9.2008 to 28.2.2009 could not be paid. Relevant paras 14 and 15 of the affidavit-in-opposition filed by respond ent No.2 are quoted hereinbelow: 14 That the deponent states that pursuant to the aforementioned appointment and letter dated 22.2.2010 the Directorate of Elementary Education Assam, issue d a letter No. EHA-476/2001/291 dated 7.6.2010 to the District Elementary Educat ion Officer, Nalbari requesting him to submit the arrear salary proposal w.e.f. 25.9.2008 to 28.2.2009 in respect of the petitioners in proper prescribed Financ e Department Format immediately as the proposal submitted by the said official o n 6.6.2010 was not in proper format. 15. That deponent states that the petitioners have been paid their salaries regularly and they have already drawn the same. Further as soon as the proposal for arrear salary is received for the period with effect from 25.9.2008 to 28.2. 2009 from the District Elementary Education Officer, Nalbari in proper Finance D epartment Format, the same will be sent to the Government for further action and on getting approval for payment of the said salaries the same will be paid to t he petitioners immediately\ In view of the statement made on oath by respondent No. 2, the wr it petition is disposed of with a direction to the respondent No. 2 to submit fo rthwith a proper Finance Department Format to the Director of Elementary Educati on. On receipt of the same the Director shall do the needful as early as possibl e. The respondent no.3 i.e. Director of Elementary Education shall send it to Fi nance Department for approval and sanction. As the petitioners have not received salary since 25.9.2008 to 28.2 .2009 the whole exercise shall be completed with in a period of three months from the date of receipt the proposal /proper format etc. It is also made clear that after getting sanction of the proposal from t he Finance Department the arrear salary for the aforesaid period shall be releas ed to the petitioners by respondent No.3 within a period of four weeks from the date of release. The writ petition is accordingly disposed of. However there shall be no order as to costs.