(1.) The petitioners herein were regularly appointed vide Annexures-6 & 7 to the writ application. These annexures are quoted below
(2.) Thereafter, these petitioners were rendering service and they were being paid Jheir salary till May, 1994. Thereafter, without showing any cause or without any notice, the salary of the petitioners were not paid. The petitioners ran from pillar to post, but nothing was made known to them as to why their salary were not paid, Having no other way, these petitioners who belonged to the poor strata of the society and only grade-IV employees had to approach this Court and this Court passed an interim order that the salaries due to them should be paid inasmuch as service of a person cannot be utilised without payment of salary and at the same time by stopping the salary, a person cannot be thrown out from service. A person must be thrown out from service by following the due process of law. The stoppage of salary cannot be used as a spring- board or as a pressure tactics to treminate the employment of a person, but that is what is toeing done in the instant case.
(3.) An affidavit-in-opposition has been filed on behalf of respondent No. 2, Administrative officer of Directorate of Health Service (FW). That affidavit-in-opposition makes the position more pitiable inasmuch as a bare perusal of the affidavit shows that these appointments which were made in the year 1989 were stated to be made against the non- existing vacancy in that particular office. As a matter of fact, these are the vacancies existing in the office of the Joint Director of Health Services at Bongaigaon, but the appointments were made in the office of the Chief Medical and Health Officer at Goalpara. A grade- IV employee is not supposed to know what is santioned strength in a particular establishment. The petitioners got their regular appointment letter and they were working and receiving their salary and after that if it came to the notice of the authority that appointments were made in a illegal manner or without following due process of law, the law requires that the authority must take the procedure established by law. It cannot adopt any or every method as may be found suitable by the authority.