Decided on December 03,2012

Bhupendra Singh And Others Appellant
State of Uttarakhand and others Respondents


- (1.) This petition has been filed by the petitioners seeking directions to the respondents to include the names of the petitioners in the list dated 18.10.2011 of the PTA Teachers sent by the Director School Education, Uttarakhand to the Government and give all benefits including honorarium as has been given to other similarly situated PTA Teachers working in the Government Aided Colleges.
(2.) The State Government issued a Govt. Order dated 20th December, 2011 in which it was provided that all such PTA Teachers, who are working against the sanctioned and vacant posts and whose name is included in the letter dated 18th October, 2011 shall be given honorarium @ Rs. 7,000/- per month. Since the names of petitioners were not included in the list dated 18th October, 2011, petitioners were not paid honorarium as stipulated in the Govt. Order dated 20th December, 2011.
(3.) The respondent nos. 2 to 4 have filed counter affidavit with the averment that information was sought 2 by the Education Authorities from the concerned institutions/colleges of the district, but in the case of petitioners, the concerned Principal/Manager did not provide the required list regarding the working PTA Teachers within stipulated time and due to this reason the names of petitioners were not included in the list dated 18.10.2011. The respondent nos. 5 & 6, Principal/ Committee of Management of the Intermediate College, where the petitioners are working, also filed counter affidavit with the assertion that petitioner nos. 1 to 5 are working against the vacant post of Assistant Teacher L.T. Grade in pursuance of resolution dated 26.07.2011, 07.09.2011 and 22.09.2011 and the petitioners voluntarily accepted to work in the Institution without pay and in this regard, the petitioners also submitted an affidavit before the Chairman, Parent Teacher Association of the Intermediate College. In the said counter affidavit, the respondent nos. 5 & 6 also asserted that petitioner nos. 1 & 4 are working since 26.07.2011 and petitioner nos. 2 & 5 are working since 07.09.2011 in the Institution. The respondent no.7 also filed counter affidavit in which it is mentioned that petitioner no.6 is working as such w.e.f. 23.07.2011.;

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