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2014 DIGILAW 446 (UTT)

Nisha Rani v. State of Uttarakhand

2014-10-09

SUDHANSHU DHULIA

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Judgment Sudhanshu Dhulia, J. (Oral) 1. Mr. S.K. Mandal, Advocate, present for the petitioners. 2. Mr. Vikas Pandey, learned Brief Holder, present for the State of Uttarakhand/respondent Nos. 1 to 3. 3. Mr. Pradeep Hairiya, Advocate, present for the respondent no. 4. 4. The petitioners before this Court are working as Parent Teacher Association Teachers (PTA Teacher) in A.N.K. Inter College, Gularbhoj, Udham Singh Nagar. Their only grievance is that they are not being given honorarium by the State Government, though such recommendation has been made by the Management Committee of the Institute. 5. This Court is of the opinion that if “honorarium” is liable to be given to the petitioner, the same should not be withheld. Therefore, in case, such a recommendation has been made by the Management Committee, let the State Authorities take decision on this matter and in case the honorarium is liable to be given to the petitioners under the law, the same shall be given without any further delay. 6. Having made the above determination, however, it has also come to the knowledge of this Court that the present school which is totally under grant-in-aid of the State, there are as many as 09 posts of Lecturer and 10 posts of Assistant Teacher (L.T. Grade). Out of 09 posts of lecturers, presently 02 posts, one of Lecturer (Chemistry) and the other of Lecturer (Political Science) are vacant. As far as the posts of Lecturer (Political Science) is concerned, the same is to be filled by way of promotion, however, the post of Lecturer (Chemistry) has to be filled by way of direct recruitment. Let the exercise be made immediately and the Court be apprised. 7. Regarding the 10 posts of Assistant Teacher (L.T. Grade), only one regular teacher is working and against the four posts of Assistant Teacher (L.G. Grade), PTA Teachers are working and five posts are lying vacant. 8. The Management Committee is hereby directed to make requisition to the State Government for initiating the process for regular appointment and the State Government shall give approval in accordance with law so that 09 vacancies of Assistant Teacher (L.T. Grade) are filled in accordance with law by the best available candidates. 8. The Management Committee is hereby directed to make requisition to the State Government for initiating the process for regular appointment and the State Government shall give approval in accordance with law so that 09 vacancies of Assistant Teacher (L.T. Grade) are filled in accordance with law by the best available candidates. It is made clear that selection process has to be made against all the 09 posts of Assistant Teacher (L.T. Grade) irrespective of the fact whether any PTA teachers are working against such posts. 9. List this matter after six weeks on 24th November, 2014 in daily cause list.