Court No. - 57
Case :- WRIT - A No. - 22886 of 2018 Petitioner :- Arun Kumar Mishra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C.,Awadhesh Kumar
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned Standing counsel for the respondent no. 1 as well as Sri Awadhesh Kumar, learned counsel for the respondent no.2.
The present writ petition has been filed by the petitioners for issuance of mandamus commanding the respondent no. 2 District Basic Education Officer, District- Basti to decide the representation of the petitioners dated 9.7.2018 which is pending.
The contention of learned counsel for the petitioners is that they have not granted payment of arrears of six months and therefore, the order should be passed on the representation of the petitioners.
On the other hand, Sri Awadhesh Kumar, learned counsel for the respondent submits that the petitioners are not entitled for any salary of arrears during such period and an order has already been passed by the respondent no.
2 (District Basic Education Officer, District- Basti) on 18.11.2017, which has been appended by the petitioners as annexure no. 12 to the writ petition.
In these circumstances, if the petitioners are aggrieved by the said order he can challenge the same. No writ of mandmus under the aforesaid circumstances cannot be issued.
The writ petition is totally misconceived and is, accordingly, dismissed. No order as to costs.
Order Date :- 27.10.2018 Akbar