LAWS(JHAR)-2009-11-145

LALITA MAJI Vs. STATE OF JHARKHAND

Decided On November 16, 2009
Lalita Maji Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(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 her 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, in 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.) IN view of the aforesaid observations, there is no substance in this writ petition, which is hereby dismissed.