Vinay Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4882 of 2023 ====================================================== Vinay Kumar Tiwary son of Sri Raj Narayan Tiwary, Resident of VillageLalapur, P.O.-Baksanda, Via-Parsa, District-Saran, Pin-841219. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Vikas Bhawan, New Secretariat, Patna-800015. 2.

The Director, Panchayati Raj Department, Vikas Bhawan, New Secretariat, Patna-800015.

3.

The District Magistrate, Saran at Chhapra, Pin-841301. 4.

The District Panchayati Raj Officer, Saran at Chhapra, Pin-841219. 5.

The Block Development Officer, Parsa, District-Saran-841219. 6.

Smt. Bindu Devi, Ex-Sarpanch Gram Kachahari Saguni, Parsa, DistrictSaran, Residing at Village-Bishunpura, Post-Bhagwanpur, District-Saran841219. 7.

Smt. Ramita Devi, Sarpanch Gram Kachechari Saguni, P.O. and P.S.-Parsa, District-Saran, PIN-841219, Residing at Village-Bishunpura, PostBhagwanpur,P.S.-Parsa, District-Saran-841219. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Kant Singh, Adv.

For the Respondent/s :

Mrs. Archana Meenakshee (GP6) Mr. Prabhat Ranjan, AC to GP6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2026 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:- (i) For directing the respondents to arrange the payment of honorarium to the applicant for April 2010 to March 2011 and April 2015 to March 2019 and onward.

(ii) For directing the respondents for

2/4 timely payment of honorarium to the applicant/ petitioner.

(iii) For directing the respondents to pay the interest on withheld amounts of honorarium from the date of its accrual to the date of actual payment.

3. Learned counsel for the petitioner submits that the petitioner was selected and appointed as "Gram Kachahari Sachiv" for Saguni Gram Kachhari under Parsa district-Saran vide Letter No.03 dated 09.10.2007 and accordingly, he joined on the said post on 16.10.2007. He further submits that the petitioner was working under several Sarpanch and used to receive his honorarium.

4. Counsel further submits that the petitioner has received honorarium upto March, 2015 (except April 2010 to March 2011). Subsequently, the petitioner has not received his honorarium as respondent No.6 was elected as Sarpanch of Saguni Panchayat but her husband tried to earn illegally and demanded 25% of the honorarium of the petitioner for its payment. He further submits that the payment has always been realised by the Block Development Officer, but payment has not been made. In this regard, he has also made representation before the District Panchayat Raj Officer, but development took place. Thereafter, he has no option but to file the present writ

3/4 petition.

5. Learned counsel for the State, on the other hand, submits that a counter-affidavit has been filed in which a communication has been made by the District Panchayat Raj Officer District-Saran at Chapra to the District Magistrate in which it has been intimated that the petitioner was in habit of being absent from the work without any permission. It is due to this reason, he is not entitled to receive the said honorarium.

6. It is not clear by the said Letter No.248 dated 03.02.2024 (Annexure-R/3 of the counter-affidavit) that whether any action has been taken against the present petitioner in his presence or it has been taken in his absence.

7. In the light of the submissions made, this Court without entering into merit or demerit of this case, hereby directs the petitioner to appear before the District Panchayat Raj Officer, Saran at Chhapra (Respondent No.4) within 30 days from today along with this order and the Respondent No.4 is hereby directed to call local Sarpunch as well as the petitioner and upon hearing both of them, shall pass a reasoned and speaking order upon perusal of the documents relating to the petitioner within 90 days thereafter.

8. It is made clear that the said 90 days shall be

4/4 counted from the date of completion of appearance of all concerned.

9. With the aforesaid directions and observations, the present writ application stands disposed of.

(Dr. Anshuman, J) Prakashmani/- U