BALA DATT SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Shri Manoj Tiwari, the learned Senior Counsel duly assisted by Shri Alok Mehra, the learned counsel for the petitioner and Shri Subhash Upadhyaya, the learned Brief Holder for the respondents-State.

(2.) This matter has been listed today for disposal of Miscellaneous Application Nos. 2910 of 2010, 2911 of 2010, 3442 of 2010 and 3443 of 2010 including the application for modification of an interim order passed by the Court. With the consent of the learned counsel for the parties, instead of deciding the miscellaneous applications, the writ petition is being decided finally since affidavits have already been exchanged.

(3.) The petitioner was appointed as a Shiksha Anudeshak in the year 2006 and started working in the Education Guarantee Centre at village Narayanpur Khatta (Forest Area Ramnagar) and has been working continuously since then. For the session 2008-09, this Education Guarantee Centre was upgraded as a primary school by a Government Order dated 15th May, 2006 and it was directed that wherever Shiksha Anudeshaks were working in the Education Guarantee Centre which was upgraded to a primary school, these Shiksha Anudeshaks would be deemed to hold the post of Shiksha Mitra and would be paid the honorarium @ 4,000/- p.m. It was further stated in the Government Order that in the event the Shiksha Anudeshak did not had the requisite education qualification for the post of Shiksha Mitra, he was required to get the requisite qualification within two years. This Government Order dated 15th May, 2006 was superceded by a Government Order dated 28th June, 2006 and the entire direction as contained in the Government Order on 15th May, 2006 was repeated verbatim with the modification that the requisite qualification of Shiksha Mitra should be obtained within three years instead of two years. Similar orders were subsequently issued by the Government Orders dated 15/12/2006 and 14th February, 2008.