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Judgment
S. R. Singh, J.—The instant writ petition has been filed inter alia for the following relief:
(i) Issue a writ, of mandamus order or direction in the nature of mandamus commanding the respondent Nos. 1, 2 and 3 not to make any payment to respondent Nos. 4 to 9.
.(ii) Issue a writ of mandamus order or direction in the nature of mandamus of directing the respondent No. 1 to hold an enquiry For illegal payment by cheque No. 3084.85 dated 2531995 and recover the same.
(iii) Issue a writ of mandamus order or direction in the nature of mandamus directing to pay salary to the employee mention in approval letter dated 721981 except Lalji Patel and Bhullan Ram Yadav.
The basis on which the reliefs aforesaid have been claimed is the alleged order dated 20th May, 1991, annexed as Annexure 5 to the writ petition. It is also alleged that the letter dated 16590 according approval to the contesting respondents represented by Shri SC Dwivedi has been recalled by the order dated 2051991. In the counteraffidavit filed by Shri Bhagwati Prasad Verma, Zila Basic Shiksha Adhikari, Allahabad, in paragraph 10 it is alleged that the alleged order dated 20591, Annexure 5 to the writ petition was never issued from the office of Zila Basic Shiksha Adhikari, Allahabad and it is further stated in the counteraffidavit that except the approval letter dated 16590 no further letter was issued according approval to the teachers and other employees of the institution.
It is, thus, evident that disputed questions of fact are involved and the writ petition, in my opinion, is not an appropriate forum for decision on the disputed question of fact. The petitioner states that a suit No. 320 of 1994 for redressal of the grievances raised in this writ petition is pending. It is also pertinent that earlier writ petition filed by Ghanshyam Das Chaurasia and two others for more or less similar reliefs which are claimed in this writ petition was dismissed vide order dated 31792 on the ground that the petitioners of that writ petition does not want to further prosecute the said petition.
In the circumstances of the case, the writ petition is dismissed with the liberty reserved to the petitioners to prosecute the suit or approach the authority by means of representation for redressal of their grievances. Interim order stands discharged. Notices issued in pursuance of the order dated 131296 stands discharged. Petition dismissed.