WA 90/2011 BEFORE HON’BLE THE CHIEF JUSTICE MR.MADAN B. LOKUR THE HON’BLE MR. JUSTICE HRISHIKESH ROY (Madan B. Lokur, CJ) The appellants are aggrieved by an order dated 22.7.2010 passed by a lea rned Single Judge in W.P.(C) No.4570 of 2008. The appellants came to be appointed as Senior L.P. School teachers in di fferent L.P. Schools in North Lakhimpur District. According to the appellants, t hey were appointed sometime in 1994. The appellants claims that they were paid s ome stipend though irregularly and perhaps for a couple of months in a year. Sin ce the payments were not regular, the appellants approached this Court by way of a writ petition, that is, W.P.(C) No.5836 of 2005 in which they prayed for paym ent of arrear of salary. By an order dated 22.8.2005, the said writ petition was disposed of with a direction to the Commissioner and Secretary to Education Department, Dispur a nd Director of Elementary Education, Assam, Guwahati to examine and verify the c laim of the appellants for payment of their current and arrear salaries since 19 94. It was further directed that if on verification it is found that the appoint ment of the appellants is genuine, the said authority shall disburse the current as well as arrear salary to them. According to learned counsel for the appellants, despite the order dated 22.8.2005, the Commissioner and Secretary, Education Department, Dispur and the Director of Elementary Education, Assam, Guwahati did not take any steps for ve rification of the genuineness of the appointment of the appellants. On the other hand, the appellants continued to work as they had been doing earlier. Thereafter, on 14.8.2008, it was found that the appellants had been appo inted against non-existent posts and, accordingly, by order dated 6.9.2008, issu ed by the Deputy Inspector of Schools, North Lakhimpur, the services of the appe llants were dispensed with in as much as they were not allowed to continue with their appointment since it was illegal and irregular. Feeling aggrieved, the appellants preferred a writ petition which came t o be dismissed by the order under appeal. The learned Single Judge has noticed in paragraph-10 of the order under appeal that even though the respondents have taken a stand that the appointment of the appellants was illegal and against non-sanctioned posts, the appellants h ave not been able to furnish any particulars relating to their appointments such as advertisement, call letters etc. to substantiate the claim that they were ap pointed pursuant to a selection by the Selection Board. The learned Single Judge has also noted that the appellants had placed o n record a select list showing their names, without bearing any signature of the members of the Selection Board and the signature of the Deputy Inspector of Sch ools, North Lakhimpur is also doubtful. Under the circumstances, according to th e learned Single Judge, no reliance could be placed on the select list. In fact, according to the learned Single Judge, it appears that it was not even a select list but was some document which was purported to be a select list. It was also noted by the learned Single Judge that the so-called select list was not approved by the Director of Elementary Education as per provisions of the rules. Even though the appellants had placed their appointment letters on recor d, the learned Single Judge found that there was a glaring variation in the sign atures of the person who had purportedly issued the appointment orders. It is on these facts the learned Single Judge declined to interfere with the termination of the appellants. On the facts of the case, we do not find any reason to take a view diffe rent from that of the learned Single Judge since there is nothing on record to s how that the appellants were appointed in accordance with law. Learned counsel for the appellants contended that his clients have been working as L.P. teachers and, therefore, they should be paid their salaries for the period they have worked. It is clear that the appellants had been working against non-sanctioned posts. Under the circumstances, there is no question of the appellants making an y claim for arrears of salary. In this context, we may also note that in the earlier writ petition, tha t is, W.P.(C) No.5836 of 2005, no direction was given by the learned Single Judg e to make payment of arrears of salary to the appellants. In the said order it w as directed that if the appointment of the appellants is found to be genuine, th en they should be paid their arrear of salary. Since the appointment of the appe llants is not found to be genuine, the appellants are not entitled to any arrear s of salary. We, therefore, find no merit in the appeal. It is, accordingly, dismisse d. We find from a perusal of the case that there seems to be large scale ir regularities in the appointment of teachers in the State of Assam and, obviously , some of them have asked for payment of salary for the period of services rende red. We direct the respondents to taken action against such teachers and to ensu re that those who are appointed without any authority or illegally be terminated forthwith so that no claim for arrears of salary is filed by them against the E xchequer.