WP(C) 1817/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Mrs. A Bujarbaruah, learned counsel for the petitioner, and Mr. MR Pathak, learned Standing Counsel, Education Department, appearing on behalf of the respondent Nos. 1 and 2. Heard also Mr. K Das, learned Standing Counsel, BTC , for the respondent Nos. 3 to 6. The petitioner was appointed as Assistant Teacher under the Operation Bl ack Board scheme by order, dated 04-12-1999. Thereafter, an order was made on 12 -06-2001, by the District Elementary Education Officer, Nalbari, that the appoin tment of the petitioner and some others, named in the order, stood converted fro m OBB post to non-plan post as per the District Elementary Education Officer’s m emo, dated 17-09-1998. Acting upon the order, so made, on 12-06-2001, the petiti oner claims to have been serving in the said school till 28-02-2009. The grievan ces of the petitioner is that he has been paid his salary of the post of regular teachers till the end of June, 2006 and from 01-07-2006 to 28-02-2009, when the petitioner left the said school, he had not been paid his salary. It has been pointed out, on behalf of the respondents and rightly so tha t the District Elementary Education Officer, Nalbari, had no power to convert th e OBB posts into non-plan post. The appointment of the petitioner was, thus, ill egal. What is, however, of immense importance to note that it is not in dispute that the petitioner did render service as Assistant Teacher in the school on the strength of the order, dated 12-06-2001 aforementioned. In such circumstances, when the State has realized the work from the petitioner, it is bound to pay for the work or, else, it would amount to exploitation of the petitioner and extrac tion of work from him without making payment thereof. Situated thus, while the p etitioner cannot be directed to be continued in service, he is, in law, entitled to receive his salary from 01-07-2006 to 28-02-2009. In the result and for the foregoing reasons, this writ petition partly s ucceeds and the respondents, particularly, the respondent No. 3, namely, Princip al Secretary, Bodoland Territorial Council, Kokrajhar, is hereby directed to mak e payment, within a period of three months from today, all the dues of the petit ioner and for this purpose, whatever steps are required to be taken by the Depar tment of Education, Government of Assam, in order to make the salary available t o the petitioner, the same shall be taken. With the above observations and direction this writ petitioner shall sta nd disposed of. No order as to costs.