THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 25896 of 2000 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of respondents in not paying salary to petitioners for the break period as per the Government Memo No.2947/K1/83-5 Education Department dated 13.3.1984 as arbitrary and illegal; consequently, to direct 1st respondent to release the break period salary to petitioners. According to petitioners, they have been working as Teachers. While so, their services were terminated illegally and without any notice, in the year 1978. Thereafter, the respondents have found that the said orders of removal/termination were illegal and accordingly reinstated them into service. Now, it is the grievance of the petitioners that they are entitled salary for the break period i.e. from the date of illegal termination till the date of reinstatement. In this regard, learned counsel for the petitioners relied upon Government Memo No. 2947/K1/83-5 Education Department dated 13.3.1984 wherein the question of payment of salaries to the teachers removed by the management during the break period was considered and it was directed that such of the teachers whose posts were admitted to grant- in-aid shall be paid salaries directly by the District Educational Officers concerned for the break period i.e. from the date of their ousting till the date of reinstatement in the same institution or in another institution and the grant to this extent should be withheld in respect of the institution concerned. There is no necessity of going into all the details. Learned Government Pleader appearing for the respondents submitted that the writ petition itself is not maintainable since the claim of petitioners suffers from irretrievable laches. The writ petition is filed in the year 2000, for the salary of break period during the year 1978. Apart from that, now it is more than 10 years since the writ petition has been filed. Further, learned Government Pleader placed before the Court copy of Memorandum No.1765/SS2/84.8 Education dated 17.2.1987 wherein the Government directed that the procedure for payment of salaries to the teachers by Government during the break period of removal and reinstatement shall be dispensed with, instead the management should in all such cases be insisted to make payments. Consequently, the orders issued in Govt.Memo No.2947/K1/83.5.Edn., dt. 13.3.84 were cancelled. In view of the fact that the very G.O. relied upon by the petitioners stood cancelled, apart from the fact that the cause in the writ petition is speculative and imaginary, the writ petition is liable to be dismissed and accordingly dismissed. However, this will not preclude petitioners from claiming salary for the break period from the management concerned, if they are otherwise eligible as per law. JUSTICE C.V. RAMULU. Date: 25-11-2010. MVB.