Court No. - 4
Case :- WRIT - A No. - 23953 of 2018 Petitioner :- C/M Smt. Dulhin Rajdhari Kuwari Kanya Junior High School And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kumar Anish,R.K. Ojha, Sr. Advocate,Vinay Kumar Srivastava Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Ajit Kumar,J.
Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Kumar Anish, learned counsel for the petitioners, Sri Sachindra Mishra, learned Advocate under Chapter VIII Rule 5-A of High Court Rules, on behalf of Nagendra, Kundan Prasad and Vinod Kumar Yadav, who have interest involved in the matter, Sri S.K. Gupta, learned counsel for the respondents and learned Standing Counsel for the State.
By means of this writ petition, the petitioners have sought a writ of mandamus for directing the Additional Director of Education (Basic), Gorakhpur Region, Gorakhpur to decide the matter relating to the payment of salary working against sanctioned strength pursuant to the grant in aid already conferred upon the Institution.
In all fairness, the learned Senior Advocate has drawn the attention of this Court to page 6 of the writ petition (Annexure No. 9) where this Court has already directed the matter to be decided by the concerned respondent within a period of six weeks vide order dated 16.03.2018.
The argument advanced is that the authority has virtually slept over the matter and not decided till date.
In the opinion of the Court, once the matter has already been directed and a positive mandamus has been issued to take a decision in the matter, no second writ petition on same facts with same prayer would lie as would be clearly barred under Rule 7 of Chapter XXIII of the Rules of the Court, 1952. The petitioners have a remedy to approach under Section 12 of Contempt of Courts Act, 1971 in case if the order of this Court is not being complied with.
Writ petition is accordingly dismissed at this stage.
Order Date :- 30.11.2018 IrfanUddin