WP(C) 5085/2008 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY HON’BLE MR. JUSTICE H. BARUAH Heard Mr. P. Talukdar, learned counsel for the petitioners and Mr. K. N. Choudhu ry, learned Additional Advocate General, Assam assisted by Mr. V.M. Thomas, lear ned standing counsel, Education Department, Govt. of Assam. The petitioners’ pleaded case in short is that they had been appointed as L.P. S chool teachers in various lower primary schools by the Deputy Inspector of Schoo ls, Dhemaji on 19-12-1989 pursuant to the direction to that effect issued by thi s court on 25-4-1988 in Civil Rule No. 212 of 1987. They have been rendering the ir services since then without any break, but their salary have been withheld fr om the month of August-2007. Their further assertion is that their services mean while have been regularised. The respondent No. 1 in his affidavit has stated that in 1992 out of the 752 pri mary school teachers identified services of 717 of such incumbents were terminat ed. The remaining 35 were left untouched. Prior thereto by order dated 25-4-1988 , this court in Civil Rule No. 212 of 1987 had laid down certain guidelines to b e applied in making appointments to the aforementioned posts. The answering resp ondent has admitted that during the pendency of COP (C) No. 105 of 1988 in conne ction with C. R. No. 212 of 1987, the petitioners therein were provided appointm ents in the month of December, 1989. Some reservation, however, has been express ed as to whether they were appointed on the basis of a selection by the Sub-Divi sional Level Advisory Board, Dhemaji in compliance with the procedure laid down in Assam Elementary Education (Provincialisation) Service Rules, 1977 (for short hereinafter referred to as the Rules). According to him though the aforemention ed teachers were terminated in the year 1992, it came to light later on that the y had collected their salary even thereafter and the sum spent to that effect ti ll 2007 was a staggering amount of Rs. 145 crores. Whereas Mr. Talukdar has urged that as admittedly the petitioners are beyond the purview of 717 teachers whose services have been terminated in the year 1992 an d, that, therefore they are entitled to their pay and allowances for the service s rendered by them till date, Mr. Choudhury, learned Addl. Adv. Gen. has urged t hat in the absence of demonstrable facts to testify that their appointments had been strictly in conformity with the Rules, their claim for salary ought not to be upheld without further scrutiny in this regard. Incidentally, there has been a spate of litigation relatable to the termination of the aforementioned 717 Assistant Teachers before this court. The Division Ben ch of this court in W.P(C) No. 3149 of 2008 ( Sri Keshab Chamuah and others Vrs. State of Assam and Others) taking note of the above had disposed of a similar c laim for salary of the petitioners therein withheld from the month of August/Sep tember,2007 by leaving them at liberty to produce necessary court orders backing their appointments as claimed/asserted by them or annulling the termination of service so as to enable the official respondents to pass consequential orders wi th regard to their salary. In the face, a clear and categorical stand of the official respondents in the in stant petition that the petitioners are not amongst the 717 Assistant Teachers w hose services had been terminated in the year 1992, we are of the view that the instant petition ought to be disposed of with the following directions: (1) As claimed by the petitioners, they would produce before the Director of Elementary Education, Assam certified copies of the orders of the court, if any , pursuant to which they claim to have been appointed to the posts which they as sert are holding since the year 1989 along with other documents, if any, attesti ng their participation in any selection contemplated by the Rules preceding thei r appointments. (2) The aforementioned State authority would scrutinize all relevant records including those produced by the petitioners as above and examine the tenability of their claim for salary from the month of August-2007 as claimed verifying in ter alia, as to whether they are rendering their services against the posts clai med by them. (3) If on such verification, the appointments of the petitioners are found t o be valid in law and if they are found to be actually in service against the po sts claimed by them, the Director of Elementary Education, Assam would pass cons equential and appropriate orders in connection with their salary. So, as to enable the aforementioned authority to embark upon this exercise and t o complete the same with expedition, the petitioners would produce a certified c opy of this order before him within a period of 2(two) weeks. The process therea fter be completed within a period of 6(six) weeks provided the petitioners exten d their cooperation to the same. Ordered accordingly. No costs.