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2025 DAILYLAW 12229 (UTT)

RAKHI SHARMA v. STATE OF UTTARAKHAND

WPSS/1656/2025 · 2025-10-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9025 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1656/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Vijay Bhatt, Advocate for the petitioner. 2. Mr. K.N. Joshi, Deputy Advocate General for the State of Uttarakhand/ respondent nos. 1 to 5. 3. By means of this writ petition, petitioner has sought the following reliefs:- “i) issue a writ order or direction in the nature mandamus commanding and directing the respondents' authorities to grant the prescribed regular remuneration/honorarium to the petitioner as per Government order dated 21.12.2016 since the date of its applicability, as given to her counterparts. ii) issue a writ order or direction in the nature of mandamus directing the respondent concerned to reserve a post of Lecturer English for the petitioner in Kanahiya Lal D.A.V. Inter College, Roorkee, District Haridwar until she may be considered for regular appointment, as she has been continuously working on the said post since 01.08.2011.” 4. According to the petitioner, she was appointed as P.T.A. teacher in a Government Aided Institution, namely Kanahiya Lal D.A.V. Inter College, Roorkee, District Haridwar in the year 2011; she is continuously serving as such, but she has not been paid honorarium from the State exchequer; while, other similarly situate teachers who were appointed as P.T.A. teacher before 26.12.2016 are being paid honorarium by the State Government. It is further the case of the petitioner that she was educationally qualified for appointment as 2025:UHC:9025 Lecturer (English) in 2011, when she was appointed; the sanctioned post of Lecturer (English) was lying vacant, against which petitioner was appointed; petitioner’s appointment was made by Parent Teacher Association after due selection; therefore there is no reason for denial of honorarium from the State exchequer to the petitioner. 5. Learned State Counsel submits that since petitioner has sought a writ of mandamus and she has also made representation to the competent authority, therefore, he has no objection if the writ petition is disposed of with a direction to the Chief Education Officer, Haridwar to take decision on petitioner’s representation made on 12.09.2025 (Annexure-9 to the writ petition). 6. The writ petition is, accordingly, disposed of with a direction to the Chief Education Officer, Haridwar to consider claim of the petitioner for grant of honorarium from State exchequer, as per applicable policy, within six weeks from date of production of certified copy of this order. It goes without saying that the Committee of Management shall also be heard while taking any decision. (Manoj Kumar Tiwari, J.) 10.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487 df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA 875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.10 15:27:10 +05'30'