WP(C) 4584/2011 BEFORE THE HON’BLE MR JUSTICE I.A. ANSARI Heard Mr. M. U. Mondal, learned counsel, for the petitioner, and Mr. M.R. Pathak , learned Standing Counsel, Education Department, for the respondents. The basic grievance of the petitioner is that the petitioner is amongst those 11 7 L.P. School teachers, who were appointed way back in 1993-94 by various orders and yet the petitioner has not been paid his salary. While considering the case of the petitioner, it needs to be noted that an order was passed by this Court, on 12.08.2009, in WP(C) No.5387/2008, directing the S ecretary to the Govt. of Assam, Education Department, to decide the appeal, whic h the petitioner had filed on 21.10.2008. Pursuant to the order, passed by this Court, on 12.08.2009, as indicated hereinbefore, the matter has been considered by the Commissioner and Secretary to the Govt. of Assam, Education (Elementary) Department, and, according to the respondent No.2, the petitioners’ file have ne ver been processed, on record, by the Department concerned nor is there any reco rd of issuance of appointment letter, which the petitioner places reliance upon. The petitioner, however, contends that the records are before the Manoharan Com mittee. The fact of the matter remains that the respondents deny and dispute tha t the petitioner was a person, whose appointment, as an Assistant Teacher, was m ade by resorting to any legal means or on the basis of an order issued by a comp etent authority. It is, thus, clearly a disputed question of fact as to whether the petitioner was a person, who was appointed legally. Such a disputed question of fact cannot be decided in a writ petition made under Article 226. The remedy of the petitioner really lies in instituting appropriate civil suit for declara tion of his status as an Assistant Teacher of L.P. School. In view of the above and in the interest of justice, this writ petition cannot b e proceeded with and is, therefore, dismissed. The petitioner shall, however, re main at liberty to institute appropriate civil suit for declaration of his statu s as a legally appointed teacher.