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Narendra Pratap Sahi And Others v. State Of U.P. And Others - WRIT - A No. 55207 of 2004  RD-AH 11622 (17 July 2006)
Civil Misc. Writ Petition No.55207 of 2004
Narendra Pratap Sahi and others
State of U.P. and others
Hon. Sanjay Misra, J.
Heard Sri Rahul Jain, learned counsel for the petitioners and learned Standing Counsel appearing on behalf of respondents.
Counter affidavit and rejoinder affidavit have been filed. With the consent of the learned counsel for the parties, the writ petition is disposed of at the stage itself.
-The petitioners seek issue of a writ of mandamus or direction in the nature of mandamus directing the opposite parties to pay the salary to the petitioners with arrears and further the opposite parties may be directed to release the grant for payment of salary since the date of appointment.
In the counter affidavit filed by the DIOS, Deoria serious disputed question of facts have been raised. It has been stated that there are forged and fictitious documents and further that the eligibility and the appointment of the petitioners as teachers of primary section of the institution has been disputed. It is also stated in the counter affidavit that during inspection the petitioners were not found to be regular teachers and therefore, benefits of government orders dated 6.9.1989 and 21.10.1989 can not be extended to the petitioners.
The petitioners have made representation before the Joint Director of Education a true copy whereof has been filed as
annexure-16 to the writ petition. It is submitted that the said representation has not been decided by respondent no.2. Since there are serious disputed question of facts it would be proper that representation may decided by the fact finding authority particularly in view of the fact that DIOS has passed order in favour of the petitioners.
In view of above, it is provided that respondent no.2 may take a decision on the aforesaid representation( annexure-16 to the writ petition) within four months from the date of presentation of certified copy of this order before him. The petitioners may file a true copy of the writ petition alongwith annexures before respondent no.2 for better adjudication of the factual controversy.
The writ petition is thus disposed of. No order is passed as to costs. It is made clear that the court has not entered into merit of the controversy.
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