MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. S Kataki, counsel for the petitioners in WP(C) No. 5532/2012, WP(C) No. 1070/2012, WP(C) No. 150/2013, WP(C) No. 2939/2013, WP(C) No. 577/2012, WP(C) No. 6315/2012, WP(C) No. 6555/2011 and WP(C) No. 6559/2011. Also heard Dr. B Ahmed, Standing counsel, Irrigation Department for the respondents.

2. The cases are being disposed off by this common judgment and order as the subject matter in issue is the same.

3. The petitioners, by way of the above writ petitions, have prayed for payment of arrear salaries, which has not been paid to the petitioners since 10.10.1999

4. The petitioners have relied upon the judgment and order dated 04.09.2009 passed by this Court in WP(C) No. 5580/2002, in making a claim for payment of their arrear salaries on the ground that the petitioners herein are similarly situated as the petitioners in WP(C) No. 5580/2002.

5. The case of the petitioners in brief is that, pursuant to an advertisement dated 23.08.1998, published in a local daily for filling up of different posts in the Irrigation Department, Tezpur Division, the petitioners took part in the selection process and were accordingly selected for the same. Thereafter, vide order dated 08.10.1999, the petitioners were appointed to different posts under the Irrigation Department. The petitioners submitted their joining reports on 10.10.1999 and had gone to attend their works. To cut a long story short, the petitioners were not allowed to work w.e.f 10.10.1999 and they were also not given any salary. Some persons, who had been selected and appointed similarly as the petitioners and on the basis of the same selection process, approached this Court by way of WP(C) No. 6936/2000, claiming payment of arrear salaries as well as to allow them to continue their services.

6. WP(C) No. 6936/2000 was disposed of vide order dated 03.01.2001, which is as follows.-

“Heard Mr. MH Mazarbhuiya, learned counsel for the petitioners and Mr. TC Chutia, learned Junior Government Advocate, Assam.

The case of the 74 petitioners in this writ petition is that they have been selected for appointment to Grade-III and Grade-IV posts in Tezpur Irrigation Division, and have been appointed against the said posts by order dated 08.10.1999 pursuant to the said orders they joined in their respective places of posting and submitted joining reports to the Executive Engineer, Tezpur Irrigation Division, Tezpur, but they have not been paid their salary as year. They have therefore moved this Court in this writ petition under Article 226 of the Constitution for appropriate relief.

It appears from Annexure-5 to the writ petition that the petitioners have submitted a representation to the Commissioner & Secretary to the Government of Assam, Irrigation Department, stating all relevant facts and making a prayer that their monthly pay and allowances be released as early as possible.

I dispose of this writ petition with the direction that a certified copy of this order and a copy of the writ petition with all its Annexures including Annexure-5 be filed before the Commissioner & Secretary, Irrigation Department, who will consider the representation in Annexure-5 and pass orders thereon and communicate the same to the petitioners within one month of the receipt of the said copies from the petitioners.”

7. In pursuance to the order dated 03.01.2001 passed by this Court in WP(C) No. 6936/2000, the Secretary to the Govt. of Assam, Irrigation Department issued a speaking order dated 21.10.2002 holding that the appointments had been made without holding an interview and without processing the same through a Selection Board, which was to be headed by a Superintending Engineer. The speaking order held that the documents were manipulated to enable the petitioners in WP(C) No. 6936/2000 to gain employment through a back door policy. Further, no record being available with regard to issuance of any appointment letters, the claim of the petitioners in WP(C) No. 6936/2000 wa