THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 709 of 2009. Smt. Padma Bisht W/O Jeewan Singh Bisht. … Petitioner. Vs. State of Uttarakhand and others. …Respondents. Mr. K.N. Joshi, Advocate, learned counsel for the petitioners. Mr. Subhash Upadhyay, Brief Holder, learned counsel for the respondents. Date September 06, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. Learned State counsel files supplementary counter affidavit. The same is taken on record. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to grant the benefits to the petitioners on the post of Shiksha Mitra in pursuance of the Government Order dated 28-6-2006, 15-12-2006 and 21-8-2007. Further prayer for issue of writ of mandamus directing the respondents to pay the honorarium to the petitioner on the post of Shiksha Mitra in view of the G.O. dated 28-6-2006 and 21-8-2007 as also G.O. dated 14.2.2008 has been made from the date the Education Guarantee Centre Airi Gourauli, Post Officer Birgul (Champawat) is upgraded to Primary School. According to the petitioner, she is post graduate and is fully eligible for absorption/adjustment as Shiksha Mitra in Primary School as per Government Orders referred to above. The petitioner was appointed as Shiksha Acharya by the Village Education 2 Committee Airi Gourauli. The petitioner also claims that her name was recommended for adjustment as Shiksha Mitra but the respondent paid no heed to it. The said EGS Centre was upgraded to Primary School in the month of June 2008. The grievance of the petitioner is that the respondents are not paying the honorarium to the petitioner as Shiksha Mitra and they are not inclined to adjust her on the post of Shiksha Mitra as per Government Orders. On behalf of the respondents, counter affidavit and supplementary counter affidavits have been filed. In the supplementary counter affidavit which has been filed on behalf of the respondent no. 3 just today, it is stated in paragraph no. 3 that the petitioner worked as Shiksha Acharya in the EGS Centre till 31-12-2008 and she has already been paid the honorarium. It is also stated that from 1-1-2009 till the month of August 2010 the petitioner has not worked in the EGS Centre or the Primary School concerned. It is also stated that regular teacher Mr. Pradeep Kumar has already been appointed as per norms/strength of students in the primary school. Since the regular teacher has already been appointed in the EGS Centre, which is upgraded to Governemnt Primary School Airi Gourauli, Post Office Birgul, district Champawat, the petitioner has got no right to continue as Shiksha Mitra in that school. However, it would be in the fitness of things as well as in the interest of justice to give liberty to the petitioner to make a representation to the authority concerned for her adjustment as Shiksha Mitra in some other Primary School. Accordingly, the petitioner is given liberty to make a representation to the respondent no.3-Additional District Education 3 Officer (Basic) Champawat. If the representation is made by the petitioner, the same shall be considered and decided by the authority concerned by a reasoned and speaking order. It is also made clear that till the period the petitioner had worked as Shiksha Mitra in the said school in pursuance of the interim order dated 4-12-2009 passed by this Court, she shall be paid honorarium as admissible to Shiksha Mitra as per Government Orders. Interim order dated 4-12-2009 is vacated. With the aforesaid observations, the writ petition is disposed of finally. (B.S.Verma,J.) RCP