Bhagat Singh vs State of Uttarakhand and Others

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record including the memo of petition, the counter affidavit and supplementary affidavit.

By means of this writ petition, the petitioner has sought a writ in the nature of mandamus directing the respondents to adjust/appoint the services of the petitioner on the post of Shiksha Mitra in the upgraded guarantee center in district Chamoli as per Government Order dated 28-6-2006, 15-12-2006 and to pay him the salary month to month.

The petitioner was appointed as Shiksha Anudeshak at Education Guarantee Centre Surenda. The petitioner has been working as Shiksha Anudeshak/Shiksha Acharya at the said Centre. The Education Guarantee Centre was upgraded by the State Government in view of Government Order dated 4-11-2008.

The grievance of the petitioner is that the petitioner had not been paid any salary after the up-gradation of the Education Guarantee Centre as Government Primary School.

On behalf of the respondents, counter affidavit has been filed. It is stated in paragraph No. 3(iv) of the counter affidavit as under:

3(iv) It is further relevant to point out here that in the District Chamoli, 9 E.G.S. Centres were upgraded, in which 18 regular Assistant Teachers were directed to be appointed and therefore, in pursuance of the decision taken by the Government on 4/11/2008, the services of the petitioner came to an end.

In the course of arguments, learned Brief Holder appearing for the State has submitted that similar controversy as involved in the present writ petition had arisen in Writ Petition No. 41 of 2010(S/S), Bala Dutt Sharma v. State of Uttarakhand and Ors. and the present writ petition is squarely covered by the order dated 2-6-2010 passed by this Court. Learned Counsel for the State has urged that his petition may be dismissed in terms of the order dated 2-6-2010.

I have perused the order dated 2-6-2010 passed by this Court in Writ Petition No. 41 of 2010(S/S), Bala Dutt Sharma v. State of Uttarakhand and Ors. and it has been held by the learned Single Judge of this Court that once a school has been upgraded as a primary school, teachers are required to be appointed under the provisions of the Act. I am of the view that the controversy involved in the present writ petition is almost identical and the same stood resolved by the order dated 2-6-2010.

The writ petition is dismissed in terms of the order dated 2-6-2010 passed by this Court in Writ Petition No. 41 of 2010(S/S), Bala Dutt Sharma v. State of Uttarakhand and Ors.. The interim order dated 28-4-2009 is vacated. However, it is made clear that in the event the petitioner has worked either as Shiksha Anudeshak or as a Shiksha Mitra after up-gradation of the Education Guarantee Centre to a Government Primary School, pursuant to interim order of this Court, referred to above, he would be entitled to the honorarium of Shiksha Mitra as per Government Order dated 15th May 2006 as modified by subsequent Government Orders.