IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 6088 of 2008
Lalita Maji ... Petitioner
Versus
1. State of Jharkhand
2. Deputy Commissioner-cum-Chairman, Jharkhand
Education Project, Jamtara
3. District Superintendent of Education-cum-District
Programme Officer, Jamtara
4. Block Education Extension Officer, Kundahit,
Jamtara
... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the petitioners: Mr. Atanu Banerjee, Advocate
For the State: Ms. Kumari Rashmi, J.C to SC-II
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th
07/ Dated: 16 November, 2009
1. The present petition has been preferred for getting
salary/honorarium for the post of a Teacher of Kasturba
Gandhi Awasiya Balika Uchh Vidyalaya, Kundahit, District-
Dumka, mainly on the ground that though the petitioner is a
Para-Teacher, but, the work of a Teacher was taken from
him by the said school and, therefore, so long as the
petitioner was deputed in Kasturba Gandhi Awasiya Balika
Uchh Vidyalaya, Kundahit, District- Dumka, she ought to be
paid honorarium of a Teacher.
2. I have heard learned counsel for the respondents, who has
submitted that a counter affidavit has been filed, wherein, it
has been stated that the petitioner was originally appointed
as Para-Teacher and, thereafter, upon deputation, she was
directed to work as Para-Teacher, at Kasturba Gandhi
Awasiya Balika Uchh Vidyalaya, Kundahit, District- Dumka,
as per Annexure 1 to the memo of petition. Thus, the status
of the present petitioner was never changed from Para-
Teacher to a Teacher. It is also submitted by the learned
counsel for the respondent-State that the petitioner was paid
all the legally payable dues to a Para-Teacher, but, the
higher claim of the petitioner is not tenable, at law, because
the petitioner was never appointed as a Teacher and never
she has been selected or interviewed for the post of a
Teacher and, therefore, this writ petition deserves to be
dismissed.
3. Having heard learned counsel for both the sides and looking
to the facts and circumstances of the case, it appears that
2.
(i) the petitioner was originally appointed as a Para-
Teacher and was deputed at Kasturba Gandhi Awasiya
Balika Uchh Vidyalaya, Kundahit, District- Dumka, as
Para-Teacher by order dated 15th September, 2007,
which is at Annexure 1 to the memo of petition, and,
thereafter, the petitioner has worked at Kasturba
Gandhi Awasiya Balika Uchh Vidyalaya, Kundahit,
District- Dumka, as a Para-Teacher;
(ii) the petitioner was paid salary, which is legally payable
to a Para-Teacher and there is no dispute so far as this
aspect of the matter is concerned;
(iii) the petitioner expects her appointment as a regular
Teacher, being qualified for it, and is also expecting
honorarium, which is legally payable to the post of a
Teacher. So far as the claim of honorarium for the post
of a Teacher is concerned, it is not payable to the
petitioner, because the petitioner was originally a
Para-Teacher and she was deputed as a Para-Teacher
at Kasturba Gandhi Awasiya Balika Uchh Vidyalaya,
Kundahit, District- Dumka, and she has also been
paid the honorarium, which is legally payable to a
Para-Teacher. Thus, there is no legal vested right in
this petitioner to get honorarium, which is legally
payable to a Teacher, because the petitioner was never
appointed as a Teacher, at the said school. Never by
deputation, the petitioner, who is a Para-Teacher, is
elevated to the post of or made equivalent to a Teacher
and, therefore, she is also not entitled for honorarium
or salary, payable to a Teacher.
3. In view of the aforesaid observations, there is no substance
in this writ petition, which is hereby dismissed.
(D.N. Patel, J)
A.K.Verma/