Vinod Ram v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5685 of 2016 =========================================================== Vinod Ram, son of Sri Motichand Ram, resident of village- Bhapasa, P.S.- Dhanaha, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar, through Secretary to the Government, Department of Education, New Secretariat, Patna.
2. The District Magistrate, West Champaran at Bettiah.
3. District Programme Officer, West Champaran at Bettiah
4. District Education Officer, West Champaran at Bettiah
5. Sub-Divisional Officer, Bagha, West Champaran at Bettiah
6. The Block Development Officer, Block Madhubani Dahara, West Champaran at Bettiah
7. The Block Education Officer, Block Madhubani, West Champaran at Bettiah
8. The Head Master, Rajkiya, Utakarmit Madhaya Vidyalaya, Daunaha, Block Madhubani- Dahara, District- West Champaran.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Pandey, Advocate For the Respondent/s : Mrs. Archna Meenakshi, GP-6 Mr. Prabhat Ranjan, AC to GP-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 12-03-2018 Heard learned counsel for the petitioner and State. The present writ application relates to non-payment of honorarium for the petitioner the petitioner has worked as Tola Sevak.
A counter affidavit has been filed on behalf of D.P.O. Literacy, West Champaran, wherein he has shown his handicapped in the matter stating in the counter affidavit that the Headmaster of the concerned school has not extended co-operation in the matter.
Patna High Court CWJC No.5685 of 2016 dt.12-03-2018 2/3 There is no dispute that the petitioner has not worked as Tola Sevak and as such he is not entitled to honorarium. In view of the above, the writ application is disposed of with a direction to the District Programme Officer (Literacy), West Champaran to summon the headmaster of the concerned school with all the relevant documents with respect to selection of petitioner as Tola Sevak within a fortnight from the date of receipt/production of a copy of this order. In the event, there is no co-operation by the headmaster of the School, the District Programme Officer (Literacy), West Champaran is competent to take disciplinary action against the headmaster and he cannot be heard saying that due to non-cooperation of the headmaster he has not been able to redress the grievance of the petitioner for payment of honorarium for the period, the petitioner has performed the duty of Tola Sevak.
The District Programme Officer (Literacy), West Champaran is granted 60 days time to complete the process of verification as to the working of the petitioner as Tola Sevak and ensure payment of honorarium within the same time frame and if necessary he may take appropriate disciplinary action against all concerned creating hindrance in the matter of implementation of direction of this Court in connection with payment of honorarium to
Patna High Court CWJC No.5685 of 2016 dt.12-03-2018 3/3 the petitioner.
With the aforesaid, the writ application stands disposed of.
(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.03.2018 Transmission Date