IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 610 of 2009 (S/S) Lalit Mohan Joshi Son of Sri Jwala Dutt Joshi and another. …… Petitioners. Versus State of Uttarakhand through Secretary Education, Dehradun and others. … Respondents. Mr. K.N.Joshi, Advocate, learned counsel for the petitioners. 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. By means of this writ petition, the petitioners have sought a writ in the nature of mandamus directing the respondents to grant the benefits to the petitioners on the post of Shiksha Mitra in the light of the Government Orders dated 28-6-2006, 15-12-2006 and 14-2-2008. Petitioners have further prayed for a writ of mandamus directing the respondents to pay the honorarium to the petitioners of the post of Shiksha Mitra from the date of up- gradation of the Education Guarantee Centre to Primary School. The petitioners claim to have been appointed as Shiksha Acharya in the Education Guarantee Scheme Centres and they are fully eligible for absorption to the post of Shiksha Mitra. The petitioners also 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. Petitioners possess graduate degree. 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 2 Acharya/Anudeshak already working in the said Education Guarantee Centre. 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 14-2-2008 and they 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 the counter affidavit that petitioner no. 1 Lalit Mohan Joshi was working in Education Guarantee Centre Kenura on the post of Shiksha Acharya and petitioner no. 2 was working as Shiksha Acharya in Education Guarantee Centre Kota Jamrani (Ghurchum) and in the year 2008-09 these two centers were upgraded to Primary School and Appar Primary School and after up-gradation of these two Education Guarantee Centres, there was no provision for engagement of Shiksha Mitra in view of the Government Order dated 4-11-2008 whereby the posts of Assistant Teachers were created for Primary Schools in various districts of the State. 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 it has been held by the learned Single Judge of this Court that once a school has been upgraded as a primary school, teachers are required to be appointed under the provisions of the Act. I am of the view that the controversy 3 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 4-12-2009 is vacated. However, it is made clear that in the event the petitioners have worked either as Shiksha Anudeshak or as a Shiksha Mitra after up-gradation of the Education Guarantee Centre to a Government Primary School, pursuant to interim order of this Court, referred to above, they 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