JUDGMENT S.R. Singh, J. - Instant writ petition was filed by the petitioner seeking the relief of mandamus commanding the respondents to pay the salary of the petitioners from January 1984 till date and of the future months regularly. 2. Heard the learned counsel for the petitioners as well as the learned Standing Counsel. 3. From a perusal of the material on record, it transpires that a suit being Suit No. 305 of 1985 was filed and the same is pending in the Court of Additional Munsiff, Naugharh, Sidharthnagar. In the aforesaid suit, it further transpires, an interim injunction order restraining the defendants was passed in favour of the petitioners. Admittedly, the aforesaid interim order is still operating against the respondents. In so far as present petition is concerned, it is confined to the relief of grant of salary and back-wages. 4. Upon a consideration of the above facts, I feel that since the petitioners have already availed of the remedy by filing suit in the Court below they cannot take recourse to the remedy under Article 226 of the Constitution of India simultaneously. Hence, this petition cannot be sustained and is liable to be dismissed. 5. At this stage, the learned counsel for the petitioners commiseratingly submits that the petitioners had represented to the District Magistrate, Sidharthnagar, regarding payment of salary, but no orders thereon have yet been passed. I feel it would be appropriate and serve the ends of justice if a direction to the District Magistrate, Sidharthnagar, is issued for expeditious disposal of the representations, if any. made on behalf of the petitioners regarding payment of salary and I order accordingly. 6. It may be clarified that the petitioners shall be at liberty to approach the Courts for appropriate relief in respect of the payment of salary. 7. With the aforesaid directions, this petition is disposed of finally.