THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1050 of 2009. Nain Singh Bisht, Son of Sri Sher 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 14-2-2008. 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 aforesaid Government Orders has been made from the date the Education Guarantee Centre Nariyaltak Daraunj, Block Pati (Champawat) is upgraded to Primary School. According to the petitioner, he was appointed as Shiksha Acharya in the EGS Centre Nariyaltak vide resolution No. 2 dated 24- 9-2002 of the Village Education Committee. The petitioner claims to be graduate having Bachelor of Physical Education (B.P.Ed.) degree. He also claims to be fully eligible to be adjusted on the post of Shiksha 2 Mitra in the upgraded Primary School and to be entitled to honorarium as admissible to Shiksha Mitra. It appears that the Education Guarantee Centre Nariyaltak was upgraded to Primary School from the year 2009. It also appears that the name of the petitioner was recommended for the post of Shiksha Mitra by the Village Education Committee. The grievance of the petitioner is that neither the petitioner is being paid the honorarium admissible to the Shiksha Mitra nor he is being adjusted on the post of Shiksha Mitra by the respondents, which is in violation of the Government Orders referred to above. On behalf of the respondents, counter affidavit and supplementary counter affidavits have been filed. I have gone through the entire material placed before this Court. It is stated in the supplementary counter affidavit, which has been filed just today on behalf of the respondent no. 3 that the petitioner had worked in the EGS Centre Nariyaltak till 31-9-2009 and he has already been paid honorarium for the said period. It is also stated that one regular Assistant Teaacher has already been appointed as per the norms/strength of the students in the Primary School Nariyaltak, Pati. Since the regular teacher has been working in the Government Primary School Nariyaltak, the petitioner has got no right to continue as Shiksha Mitra in that upgraded primary 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 his adjustment as Shiksha Mitra in some other Primary School. 3 Accordingly, the petitioner is given liberty to make a representation to the respondent no.3-Additional District Education 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 2-12-2009 passed by this Court, he 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