APARESH KUMAR SINGH, J. - (1.) HEARD counsel for the parties.
(2.) THE petitioner herein seeks direction upon the respondents to pay the Honorarium to her for the duty she claims to have discharged as Para Teacher in Upgraded Primary School, Dhobna, since 1.4.2007 to 31.3.2008 and thereafter from 1.4.2013 till date. According to the petitioner she was selected by the Gram Sabha i.e. Village Education Committee, Dhobna, Disrict Jamtara on 5.1.2007 for the post of Para Teacher in Upgraded Primary School at Dhobna. On 15.2.2007 her name was said to have been recommended by the Block Education Committee for the post of Para Teacher in the same school. As per the petitioner on 1.4.2007 an agreement was entered into between the petitioner and the Village Education Committee in relation to her engagement as Para Teacher in the said school. Though the funds have been transferred by the District Superintendent of Education cum District Programme Officer, Jamtara vide letter no. 391 dated 29.4.2008 addressed to the President / Secretary of the Village Education Committee for salary of Para Teacher for the period from 1.4.2007 to 31.3.2008 at the rate of Rs. 2500 per month, however the same has not been released. According to the petitioner the attendance register would show that she has been working from 1.4.2007 as Para Teacher. She has also filed representation in this regard. As her representation remained unredressed, therefore she has approached this Court for the aforesaid relief. Respondents have, however contested the claim of the petitioner. It is stated on their behalf that petitioner was never selected by the Village Education Committee for the post of Para Teacher in the Upgraded Primary School , Dhubna. The process of selection comprised two parts; first being the recommendation of the concerned Village Education Committee duly convened and secondly approval of the concerned Block Education Committee. The aforesaid irregularity in the selection process of the petitioner having been noticed, show case was issued upon all the concerned as to how petitioner was paid illegally, though she was not selected by the Village Education Committee and the petitioner was asked to submit documents to substantiate that her selection is in accordance with law. It has been stated that the Block Programme Officer, Nala vide letter dated 5.3.2013 fairly conceded on the basis of absentee report signed by the Secretary of the said school and one Sankool Sadhan Sevi that petitioner is being paid honorarium. The Secretary of the said school further clarified that petitioner was not selected by the Village Education Committee rather the Block Education Officer, Nala forcibly took his signature on contract paper which was valid for the period 1.4.2008 to 31.3.2009. Thereafter, he made first payment to the petitioner pursuant to the direction of Block Education Officer, Nala contained in memo no. 552 dated 2.8.2008 and resolution dated 3.7.2008 of Block Education Committee, Nala. The letter dated 5.3.2013 of the Block Programme Officer, Nala and the Secretary are enclosed as Annexure C and C/1 to the counter affidavit. It has been stated that the petitioner's engagement as Para Teacher has been done without adhering to the process of selection w.e.f. 1.4.2008 and, therefore, petitioner was receiving honorarium illegally. Since, petitioner was never engaged as Para Teacher for the period from 1.4.2007 to 31.3.2008., therefore, no payment can be made for the said period.
(3.) PETITIONER in the rejoinder has annexed the minutes of the meeting no.7 dated 15.2.2007 of the Block Education Committee as Annexure -7 as per which at the end her name has been shown in respect of the last resolution as having been approved as Para Teacher in the Upgraded Primary School, Dhobna. Annexure -7/1 is said to be the agreement executed by the petitioner with the Secretary and President of the Village Education;