Ratan Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2051 of 2025 ====================================================== 1.

Ratan Kumar Bhagat son of-Baijnath Prasad Bhagat, Resident of Mohalla - Om Nagar ward no. 08 P.S-Araria District-Araria 2.

Md. Afroz Alam son of Md. Seraj Uddin, Resident of Mohalla-Azad Nagar, Ward No.-20, P.S.-Araria, District-Araria.

3.

Md. Hannan Alam son of Faiyaz Ahmad @ Md. Faiyaz Ahmad, Resident of Village-Ghormara Ward No. 02 Prasadpur, P.S.-Mahalgaon, District-Araria. 4.

Md. Aasif Aqubal @ Aasif Aqubal son of Md. Habibur Rahman, Resident of Village-Belwa ward No. 11, P.S.-Araria, District-Araria. 5.

Anil Kumar Mishra son of Radha Kant Mishra, Resident of VillagePatengna, Ghurghra, P.S.-Tarabari, District-Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2.

The Joint Labour Commissioner, Labour Resources Department, Govt. of Bihar, Patna.

3.

The District Magistrate cum Collector Araria, District-Araria. 4.

The District Education Officer Araria, District-Araria. 5.

The Secretary cum Director, National Child Labour Project, Araria, DistrictAraria. 6.

The Secretary, Mahila Chetana Samaj Araria, District-Araria. 7.

The Secretary, Adiwasi Seva Ashram, Village-Pahunsara, Sakhuabari, Block-Raniganj, District-Araria.

8.

The Secretary, Kalyan Samajik Jagriti Sansthan, Gandhi Nagar BlockPurnea, P.S.-Purnea Sadar, District-Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Respondent/s :

Mr.Standing Counsel (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 01-11-2025 Heard learned Advocate for the petitioners and the learned Standing Counsel 24.

2. The petitioners were appointed as Teachers on contractual basis under the National Child Labour Special

Patna High Court CWJC No.2051 of 2025 dt.01-11-2025 2/3 School scheme on honorarium of Rs. 1500/- per month. On account of non payment of their honorarium, the petitioners along with others had approached this Court in CWJC No. 16145 of 2016 which came to be disposed of on 06.03.2018 with a direction to the District Magistrate, Araria to consider the grievance of the writ petitioners within a period of three months. The petitioners in pursuant to the order afore noted, filed representation before the District Magistrate, Araria. However, the claim of the petitioners for honorarium for the period 20132016 did not find favour and the petitioners along with others were allowed honorarium only for the period April, 2009 to March, 2010.

3. The petitioners after a delay of seven years, now approached this Court assailing the order dated 07.06.2018 passed by the District Magistrate, Araria. It is the contention of the petitioners that despite the order impugned came to be passed long back in the year 2018 accepting the claim of the petitioners for honorarium for the period April, 2009 to March, 2010,till date it has also not been paid.

4. Learned Counsel for the State, at the outset, opposes the prayer of the petitioners on the ground of delay and laches as the petitioners have approached this Court after a

Patna High Court CWJC No.2051 of 2025 dt.01-11-2025 3/3 delay of more than seven years without plausible explanation, except filing of repeated representation. So far the admissible honorarium for the period April, 2009 to March, 2010 is concerned, it is submitted that an instruction is required.

5. Having considered the submissions and taking note of the fact that the impugned order dated 07.06.2018 is put to challenge after a delay of seven years, this Court does not feel inclined to entertain the writ petition. However, it is made clear that the honorarium having been allowed in favour of the petitioner for the period April, 2009 to March, 2010 as also the claim of which was duly accepted under the impugned order dated 06.03.2018, the petitioners shall be at liberty to file a representation before the respondent No. 3, the District Magistrate, Araria, who shall look into the matter and ensure payment of the admissible honorarium, if the same has not been done till date, preferably within a period of eight weeks from the date of receipt/production of a copy of this order.

6. The writ petition stands disposed.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 04.11.2025 Transmission Date