THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 727 of 2009 Jagdish Prasad and another. … Petitioners. Vs. State of Uttarakhand and others. …Respondents. Mr. K.N.Joshi, Advocate, learned counsel for the petitioner. Mr. Subhash Upadhyay, Brief Holder, learned counsel for the respondents. Date August 25, 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 view of the Government Orders dated 28-6-2006, 15-12-2006 and 21-8-2007. The petitioners has also sought a writ of mandamus directing the respondents to pay the salary/honorarium to the petitioners on the post of Shiksha Mitra in view of the said Government Order dated 28-6- 2006 and 21-8-2007 from the date when the Education Guarantee Centres concerned were upgraded as Upper Primary Schools. The petitioners claim to have been selected as Shiksha Acharya/Shiksha Anudeshak by the Village Education Committee Bara, Block Munsyari, district Pithoragarh and were appointed on fixed honorarium. The petitioners also claim that they obtained training in the District Education and Training Institute Didihat, district Pithoragarh. They also claim to be fully eligible for absorption/adjustment as Shiksha Mitra in the upgraded Primary Schools as provided by the Government Orders referred to above. 2 The grievance of the petitioners is that they are graduate and they are fully entitled for being absorbed as Shiksha Mitra as per Government Order dated 28-6-2006. On behalf of the respondents, counter affidavit as well as supplementary counter affidavit have been filed. In the supplementary counter affidavit it is stated that the higher education guarantee centre in which the petitioners had worked has been closed in the month of September 2008. It is also stated that in the newly established upper primary school there is no provision for engagement of the Shiksha Mitra and the regular assistant teachers are already posted in those schools, therefore, the petitioners cannot claim any relief. In the above facts and circumstances, it is obvious that there is no provision for adjustment of Shiksha Mitra in the upgraded junior high schools. However, the petitioners are given liberty to make a fresh representation separately before the Additional District Education Officer (Basic) Pithoragarh for redressal of their grievance. If a representation is made, the same shall be considered by the authority concerned on the basis of the Government Order dated 21-8- 2007 expeditiously as far as possible. With the above observation, the writ petition is disposed of finally. (B.S.Verma,J.) RCP