- (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. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that (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; 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; (ii) 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.;