VIDYADHAR JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) <DJG>B.S.Verma, J.</DJG> Heard learned counsel for the parties and perused the record including the memo of writ petition, the counter affidavit and the rejoinder affidavit.

(2.) By means of this writ petition, the petitioners have sought the following relief:- A. A writ, order or direction in the nature of certiorari to quash the impugned order/letter dated 29-09-2009 issued by District Project Officer Sarva Shiksha Abhiyan, District Champawat (Annexure-7 to the writ petition). B. A writ, order or direction in the nature of certiorari to quash the Government Order dated 14-02-2008 so far as it deprives Instructors/Acharyas like the present petitioners from being appointed/engaged as Shiksha Mitra after upgradation of their respective Upper Primary Education Guarantee Scheme (for short EGS) Centres (Annexure-6 to the petition). C. A writ, order or direction in the nature of mandamus commanding the respondents to give the benefit of Government Orders dated 28-6-2006 read with G.O. dated 15-12- 2008 and 21-8-2007 to the petitioners by providing them appointment and salary of Shiksha Mitra. D. Any other order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. E. Award cost of the petition to the present petitioners. The petitioners claim to have been appointed as Shiksha Acharya in different E.G.S. Centres by separate orders. The educational qualification of the petitioners is graduate or post graduate and the petitioners are fully eligible for appointment to the post of Shiksha Mitra. The petitioners claim that by Government Order dated 28-6-2006, the Shiksha Acharya or Shiksha Anudeshak, who were working in a particular education guarantee center would be automatically deemed to have got the status of Shiksha Mitra on the center being upgraded to Primary School and would be paid honorarium @ Rs. 4000/- per month. The petitioners also claim that as per G.O. dated 15-12-2006, in the upgraded primary school, one of the post of Shiksha Mitra will be made available to the Shiksha Acharya/Anudeshak already working in the said Education Guarantee Centre.

(3.) The grievance of the petitioners is that the petitioners are not being given the benefit of Government Order dated 28-6- 2006 and 15-12-2006 as well as G.O. dated 21-8-2007 and they had neither been adjusted against the post of Shiksha Mitra nor they have been paid any salary after the up-gradation of the Education Guarantee Centre as Government Primary School, rather the services of the petitioners have been terminated by the respondents w.e.f. 31-12-2009.