D.P.Singh, J. - (1.) This writ petition is directed against an order dated 13.12 1995 by which payment of salary by the State Government to the teachers of the primary section of the institution has been refused and a further mandamus has been sought for release of the salary of the teachers of the primary section and further to include the petitioners institution in the Government Order dated 6.9.1989 and to pay all the arrears.
(2.) When this writ petition was filed, learned Standing Counsel was granted four weeks to file counter affidavit on behalf of all the respondents vide order dated 23.1.1996. Again on 13.3.1996 four weeks and no more time was granted to file counter affidavit. Again on 1.5.1996 four weeks further and no more time was granted to file counter affidavit. In pursuance thereof a counter affidavit on behalf of the respondent No. 4 only was filed in August, 1996 but no counter affidavit on behalf of the State respondent has been filed. When this matter was taken up on 30.3.2005. after hearing, it transpired that the impugned order has been passed by the State Government, which has not filed any counter affidavit thus one last opportunity was given for filing counter affidavit
(3.) Learned Standing counsel has informed the court that he had sent a detailed letter by fax to the Principal Secretary and Special Secretary on 31.3.2005 requesting them to file counter affidavit immediately but till date none has responded for filing the counter affidavit. Thus the court is left with no other option but to decide the writ petition on the basis of the documents available on record.;