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Patna High CourtCWJC/5024/2016disposed

Archana Kumari v. The State Of Bihar And ORS

2019-10-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5024 of 2016 ====================================================== Archana Kumari D/o Baijnath Mahto Resident of village - Deodhi Birpur , P.S. Hasanpur, District - Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Programme officer Literacy , Samastipur 3.

The District Chief Co - Ordinator Cum Secretary, District - Lok Shiksha Samiti, Samastipur 4.

The Block Education officer, Hasanpur, District - Samastipur 5.

The Mukhiya Cum Chairman, Panchayat Lok - Shiksha Samiti, Gram Panchayat Raj Maranchi Ujagar, P.S.Hasanpur, District - Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Prasad Singh For the Respondent/s :

Mr.Anil Kumar, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Counsel for the petitioner submits that though he has performed duty as "Prerak" since June, 2003, honorarium is not being paid to the petitioner.

Counsel for the State submits that honorarium is subject to the petitioner's eligibility to perform duty and with reference to number of days on which actual duty has been performed by the petitioner under the provision of the scheme. Since issue on this parameter has to be examined by the authorities themselves, pendency of the instant proceedings

Patna High Court CWJC No.5024 of 2016(2) dt.17-10-2019 2/2 would be futile.

Counsel for the petitioner submits that he would be submitting a detailed application to respondent no.5 for consideration.

In case, application is submitted within four weeks, respondent no.5 (Mukhiya-cum-Chairman, Panchayat Lok Shiksha Samiti, Samastipur) shall consider the same and pay dues found admissible on account of honorarium to the petitioner for the number of days of actual work performed by the petitioner as per provision of the scheme within three months thereafter.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U