WP(C) 6540/2003 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY None appears for the petitioner when the case is called. Mr. S.K. Das, learned Standing Counsel is appearing for the respondents. Since the case was r ecently dismissed for default on 27.01.2011, the records have been perused with the assistance of the departmental counsel. 2. The petitioner seeks a direction for release of his pay and allowances w .e.f. 11.04.2001 in pursuant to his appointment as an Assistant Teacher and bein g posted at the Bengali Boys’ H.S. School of Nagaon district in a fixed pay of Rs. 2,500/- P.M. In the writ petition it is averred that one Smt. Aloka D as of that School was transferred and attached to the East Lumding High School by order dated 4.4.2003(Annexure- V) and accordingly, the petitioner should have been adjusted in the resultant vacancy in the Bengali Boys’ H.S. School, to ena ble him to receive the regular salary. 3. However, Mr. S.K. Das, the Standing Counsel refers to the petitioner’s a ppointment order of 28.3.2001 to show that the same was issued by one D.K. Mazee , the then Inspector of Schools, Nagaon, who made excess appointment of 214 teac hers against the 71 available vacancies in the Nagaon district. The learned coun sel further submits that the departmental action warranted under the circumstanc es against the errant officer, could not be initiated as he expired in the meant ime. He further points out that a Govt. committee is constituted in pursuant to the order passed by this Court in Sudhendu Mohan Talukdar Vs. State of Assam rep orted in 2006 Vol. 2 GLT 216, which is examining the grievances of those teacher s, who are not receiving their salaries. Mr Das submits that, direction be given to the said committee for examining the petitioner’s claim of salary. 4. Considering the nature of the case and the fact that the case was dismis sed for default in January, 2011, I feel that it should not be dismissed once ag ain, for non -prosecution. Accordingly, for ends of justice, the committee which is examining similar claims of non-payment of salaries of teachers, is ordered to also consider the petitioner’s case. To facilitate the exercise, the petition er may furnish a representation before the Director of Secondary Education, Assa m, who in turn will ensure that, the representation is placed for necessary cons ideration before the committee constituted by the State, in pursuant to the dire ction given by this Court in Sudhendu Mohan Talukdar(supra). 5. The case is disposed of accordingly.