WP(C) 4769/2008 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY The petitioner being aggrieved by non-payment of her salary for the period 11/4/2001 to 28/2/2005 is before this Court for redress. I have heard Mr. R. Sharma, learned Counsel for the petitioner a nd Mr. U.K. Goswami, learned Standing Counsel, Education Department, for the off icial respondents. The pleaded case of the petitioner is that she was appointed fol lowing a selection by the concerned District Level Selection Board as Assistant Teacher in the fixed pay of Rs. 2500/- and was posted at Pacharia Kushal Konwar High School. This was by order dated 25/3/2001 of the Inspector of Schools, K.D. C., Guwahati. Her appointment was thereafter made over against a vacant post in the non-plan category and eventually by order dated 8/2/2006 of the above author ity, she was accorded time scale of pay of Rs. 3,580/- to Rs. 8750/- per month w .e.f. the date of her joining the school. Inspite of the above, according to the petitioner, her pay in the aforementioned scale has remained unpaid for the abo ve mentioned period. As her repeated appeals before the departmental authorities have failed to yield any result, she is before this Court. The Director of Secondary Education, Assam, in his affidavit has categorically admitted the factum of the petitioner’s initial appointment at a fixed pay of Rs. 2500/- per month and sanction of time scale of pay as above by the order dated 8/2/2006 of the Inspector of Schools, K.D.C., Guwahati. Accordin g to the answering respondent, though a proposal for arrear salary for the above period has in the meantime been submitted to the Government, the remittance the reof has not been possible for want of funds. An undertaking has been offered by the State respondents to the effect that the amount in arrears would be release d to the petitioner on issuance of the necessary sanction order for the funds re quired. Upon hearing the learned Counsel for the parties and on a consid eration of the pleaded facts as set out hereinabove, I am of the view that the p etitioner is entitled to a writ of mandamus as sought for. As the petitioner’s a ppointment to the post in which she has been rendering her services is admitted, there is no reason why she should not be remunerated therefor as per her entitl ements in terms of the scale of pay sanctioned to her. As a matter of fact, the State affidavit does not disclose any impediment in law in the matter of release of her service entitlements for the period 11/4/2001 to 28/2/2005. As it is, th e State being a model employer, paucity of funds cannot be a valid reason for no t releasing the pay of the petitioner. In the above view of the matter, this petition is disposed of wi th a direction to the State respondents more particularly the Commissioner and S ecretary to the Government of Assam, Education (S) Department, to cause necessar y steps to be taken for the disbursement of the petitioner’s pay and allowances for the period 11/4/2001 to 28/2/2005. As the petitioner waits in expectation, t he process as ordered should be completed within a period of six weeks from the date of receipt of the certified copy of this order. No costs.