WP(C) 40/2011 BEFORE THE HON’BLE MR. JUSTICE T. VAIPHEI Heard Mr. M.A. Sheikh, learned counsel appearing for the petitioners as well as Mr. A.B. Choudhury, learned Standing Counsel appearing for the Education Departm ent. The relief claim in this petition is as follows - To direct the said respondents to pay the current as well as arrear remuneratio n to the petitioners. According to the petitioners, they were selected on 8.5.2005 as Cook and helper of the Cook respectively by the School Managing Committee of Kataki Balika Mokta b Bidyalaya for preparing the midday meal of the school in question. The resolut ion selecting the petitioners are found in the Minutes of the School Managing Co mmittee dated 8.5.2005. The period of engagement is however, not mentioned. The school is admittedly covered by the Midday meal scheme of the Central Government which was implemented by the Government of Assam. For issuing a writ of mandamu s, the settled position of law is that there has to be an established right of t he petitioners and a corresponding duty on the part of the State-respondents to enforce the right of the petitioners. On perusing the resolution of the Managing Committee as well as other materials on record, it is clear that the petitioner s have no right to continue in the post and are not protected under Article 311 or 14/16 of the Constitution. The nature of engagement made in favour of the pet itioners also does not show that they were rendering services under the State or Central Government. Under the circumstances, I find that this writ petition is totally devoid of mer it. No mandamus can be issued by this Court. However, the petitioners have plead ed in paragraph 13 of the writ petition that they were engaged as Cooks and Help ers to Cooks for the period commencing from 9.5.2005 to June, 2007, yet they hav e not been paid any remuneration for the service rendered by them during this pe riod. Needless to say, the petitioners belong to the lower strata of the society and should not be exploited by the respondent-authorities. The service rendered by them for the period of their engagement must be duly compensated for by payi ng their remuneration fixed under the scheme, if there be any. Under the circumstances, the respondent No.4 is directed to make an enquiry as t o the period during which the petitioners were engaged as Cooks and Helpers of C ooks and if they were found by the respondent No.4 to have been so engaged for a particular period of time, the respondents are directed to pay the remuneration s due to the petitioners during that period within a period of three (3) months from the date of receipt of this order. It is made clear that if the respondent No.4, in the course of enquiry, does not find the petitioners to be engaged as Cooks and Helpers to the Cooks, no paymen t would be necessary. The writ petition is accordingly dismissed.