WP(C) 4300/2008 BEFORE HON’BLE MR JUSTICE RANJAN GOGOI Twenty five numbers of petitioners have joined together in the three writ petiti ons under consideration seeking directions from the Court for payment of their u npaid salaries. According to the petitioners, they were appointed after valid se lection against existing and available posts and salary was paid to them upto Ju ne, 2006. Thereafter, no salary has been forthcoming. Hence, the writ petitions. The respondent BTC and its officers have filed affidavits in the cases. Accordin g to the respondents, the initial appointment of the petitioners are illegal, inasmuch as, they were appointed without selection and without approval of the BTC authorities or its predecessor-in-interest. In the affidavit filed, the resp ondents have further stated that until May, 2006 the salary of the school teach ers in Baska district, to which district the petitioners belong, was paid by the jurisdictional officers of the Education Department of Nalbari district and the financial power stood transferred to the BTC authorities only after May,2006. A s according to the respondents, the appointments of the petitioners were per se illegal, salary has not been paid thereafter. The respondents in the affidavit f iled have further stated that show cause notices dated 27.8.2008 have issued to all the petitioners except the petitioner No.11 in WP( C) 4302/2008 and that all such persons have filed their reply and have also been heard personally. This w as in the month of September, 2008. According to Mr K Das, learned counsel, the authorities of the BTC are likely to finalize the matter by passing final orders within a short time. From the facts stated above it is clear that the salary of the petitioners have been withheld from July,2008 on the ground that their appointments are illegal being without selection and without approval of the BTC authorities. What should be the proper course of action in such a situation is presently being considere d by the BTC authorities who have already issued show cause notices to the conce rned persons including the petitioners and have also heard them personally. So long as the appointments of the petitioners and service rendered on that basis cannot be considered to be legal and legitimate in law, directions ought not to be issued for payment of salary. As the said issue has already been taken up by respondent authorities which has reached the stage of near finalization, the Cou rt is of the view that the writ petition should not invite any orders form the Court for payment of salary to the petitioners at this stage. Instead, the BTC authorities should be directed to complete the process initiated by them on the basis of the show cause notices dated 27.8.2008 and complete the same as expedit iously as possible. In the event, in the said proceeding, the appointments of th e petitioners are found to be legal and valid they would be entitled and, hence, paid their salary. However, if the result of the said proceedings are adverse t o the petitioners such further action that may be contemplated in law may be tak en by the respondent authorities. It is made clear that if the petitioners are aggrieved by such orders that may b e passed by the respondent authorities , it will be open for them to agitate the ir grievances, if any, in an appropriate manner and before the appropriate forum . All the writ petitions shall stand disposed of in the above terms.