Narayan Roy, J.

1. Heard counsel for the parties.

2. The grievance of the writ petitioner is that though he was appointed on compassionate ground on the post of an orderly peon by virtue of order, as contained in annexure-1 dated 15.11.1996 and he continued to work on that post, he has not been paid his salary from the very beginning. It is also the grievance of the petitioner that he is not being allowed to perform his duties from January 2001.

3. It is contended by learned counsel for the petitioner that the petitioner was appointed on compassionate ground on the post of orderly peon by virtue of order, as contained in annexure-1 dated 15.11.1996 and thereafter he joined the post on 30th November, 1996 under respondent No. 6 and he continued to work there but his salary was not paid. The matter thereafter was examined by respondent No. 8 and he recommended for payment of due salary to the petitioner vide annexure-2 dated 30th August, 1997, but still his salary was not paid and now he is not being allowed to work from January 2001. It is further submitted that till date the petitioner has not been terminated from the post aforesaid and, thus, he would be deemed to be in se