WP(C) 4766/2006 BEFORE THE HON’BLE MR. JUSTICE B.K.SHARMA Heard Mr. R.P. Sarmah as well as Mr. A.C. Borbora, learned Sr. counsel assisted by their respective juniors namely, Mr. A.D. Choudhury and Mr. M.G. Singh, learn ed counsel for the petitioners. I have also heard Mr. D. Das, learned Sr. Stand ing Counsel, Bodoland Territorial Council (BTC) along with Ms. M. Bordoloi, lear ned Standing Counsel, BTC. Mr. M.K. Misra, learned Standing Counsel represents the Education Department, Government of Assam. This batch of writ petitions pertaining to termination of services of the petiti oners as Assistant Teachers and Grade-IV employees in M.E. and L.P. Schools, has been filed praying for setting aside and quashing of the impugned orders of ter mination and payment of salary. It is the case of the petitioners that their se rvices could not have been terminated by identical orders of termination, which according to them, depict total non-application of mind. It is the further case of the petitioners that while some of the petitioners hav e been paid their salary, but some have not been paid. Upon a reference to the communication made by the authorities of the B.T.C., the petitioners assert that the respondents cannot make any distinction relating to payment of salary in re spect of the cases, in which the stay orders are operating and in respect of cas es where there is no stay order. It is the case of the petitioners that irrespe ctive of stay orders passed, all the petitioners have been continuing in their r espective services. Mr. Das, learned Standing counsel, B.T.C., on the other hand, submits that the p etitioners having been appointed irregularly, their services were rightly termin ated. However, he fairly submits that it would have been prudent, had the petit ioners been served with show cause notices asking them to show cause as to why t heir services would not be terminated. As regards the payment of salary, Mr. Da s, learned Standing Counsel, B.T.C. submits that the B.T.C. authority has writte n to the Government of Assam for providing budgetary allocation for payment of s alary to the petitioners, who have not been paid their salary in absence of the same. In view of the above submission and as agreed to by the learned counsel for the parties, this batch of writ petitions is disposed of with the following directio ns:- (1) The impugned orders pertaining to termination of services of the petitioners shall stand set aside and quashed. However, it is made clear that no opinion i s expressed regarding the merits of the rights and contents of either of the par ties. The impugned orders have been set aside and quashed on the technical groun ds of non-issuance of notices and/or violation of the principles of natural just ice. (2) It will be open for the B.T.C. authority to deal with the matters in accorda nce with law. However, no adverse orders shall be passed against the petitioner s without providing opportunity of being heard. (3) The petitioners, who have not been paid their salary for the period of servi ces they have rendered; shall be paid their salary seeking budgetary allocation of which, the B.T.C. authority has already written to the Government. Necessary budget sanction shall be provided by the Government to the B.T.C. towards payme nt of admissible salary to the petitioners, who have not been paid their salary. It is made clear that such payment of salary to the petitioners will not be de pendant on the interim order passed by this Court, meaning thereby, that irrespe ctive of interim order passed, the petitioners shall be paid their salary. This is in tune with the interim order passed on 15.12.2006 in W.P. (C) No.6064/2006 . With the above directions, the writ petitions are disposed of.