IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 59 of 2009 (S/S) Krishna Chandra Paneru S/O Shiv Dutt Paneru, presently working as Shiksha Acharya/Shiksha Anudeshak, Pan Khal Village Dalkandiya, Block Okhalkanda, District Nainital. …… Petitioner. Versus 1. State of Uttarakhand through Secretary Education, Uttarakhand, Dehradun 2. Basic Shiksha Adhikari, District Nainital. 3. Up Khand Shiksha Adhikari, Vikas Khand Okhalkanda, District Nainital. … Respondents. Mr. R.S.Sammal, Advocate, learned counsel for the petitioner. Mr. K.C.Tiwari, learned Brief Holder for the State-respondents. Date July 05, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record including the memo of petition, the counter affidavit and rejoinder affidavit. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus directing the respondents to appoint the petitioner as Shiksha Mitra in upgraded Primary School at Pankhal since its up-gradation i.e. 20.08.2006 as Government Primary School Pankhal. The petitioner has also sought a writ of mandamus directing the respondents to pay the salary to the petitioner since 20-08-2006 onwards. The petitioner was appointed as Shiksha Acharya in the Education Guarantee Centre Pankhal on 20-8-2006 and after his appointment, he had undergone required training from 29-12- 2006 to 29-01-2007 for a period of one month. The said Centre was upgraded as Government Primary School w.e.f. 20-7-2007 and the petitioner is continuously working there as trained Shiksha Acharya. The petitioner claim to have automatically got the status 2 of Shiksha Mitra in view of Government Order dated 17th May 2006 after upgradation of the Centre to Primary Schools. 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 of the counter affidavit that the said Education Guarantee Centre was upgraded as Primary School and as per Government Order, one post of Assistant Teacher and one post of Shiksha Mitra has been sanctioned. Against the post of Shiksha Mitra, Smt. Munni Paneru has been given appointment on 16-10-2007. It is also stated that one Assistant Teacher and one Shiksha Mitra have already been posted in the said school and there is no vacant post of Shiksha Mitra. It is also stated that Shiksha Acharya cannot be treated to be a Shiksha Mitra automatically. 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 Vs. State of Uttarakhand and others 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 Vs. State of Uttarakhand and others and 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 Vs. State of Uttarakhand and others. The interim order dated 14-01-2009 as modified vide order dated 9- 12-2009 is vacated. However, it is made clear that in the event the 3 petitioner has worked either as Shiksha Acharya or as a Shiksha Mitra after up-gradation of the Education Guarantee Centre to a Government Primary School, pursuant to interim orders 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. ( B.S.Verma, J. ) RCP