Court No. - 34
Case :- WRIT - A No. - 48210 of 1999 Petitioner :- C/M Janta Uchchatar Madhyamik Vidyalaya& Another Respondent :- State Of U.P.& Others Counsel for Petitioner :-
Counsel for Respondent :- C.S.C.,S.K.Pandey Hon'ble Sudhir Agarwal,J.
1. Pursuant to this Court's order dated 24.05.2018, notice was issued to petitioners to engage another counsel on 02.07.2018. Perused Office Report dated 25.07.2018. Service is deemed sufficient.
2. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, I myself have perused the record.
3. By means of present writ petition, petitioners have sought following reliefs:
“(i) a suitable writ, order or direction in the nature of certiorari calling for the record of the case and to quash the impugned order dated 26.4.99 passed by the Director of Education (Basic) U.P. at Allahabad (Annexure '10' to the present writ petition) and also further quash the order dated 18-
8.99 passed by the Accounts Officer, based at the office of District Basic Education Officer, Rampur addressed to the Manager of Committee of Management of the Institution, Janta Uchchatar Madhyamik Vidyalaya, Pipali Nayak, District Rampur (Annexure '11' to the present writ petition).
(ii) issue a suitable writ, order or direction in the nature of mandamus commanding the District Basic Education Officer, Rampur to forthwith ensure payment of salary amount due to Indra Pal Singh, Head Master for the period starting with effect from 18.9.88 upto 31.1.96 by ensuring payment of the same as per the provisions ad contained under U.P. Junior High Schools (Payment of Salaries to the Teachers and Other Employees) Act 1978 within any specified period as fixed by this Hon'ble Court and the petitioners committee of Management shall ever pray;
4. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioners are not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
5. Moreover, it appears that either the cause of action no more survives or the petitioners have lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits.
6. Dismissed. Interim order, if any, stands vacated.
Order Date :- 26.7.2018 PS