Nawal Kishore Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5098 of 2026 ====================================================== Nawal Kishore Prasad Son of Late Raghunandan Prasad, Resident of VillageTejubigha, Post Office- Mirchaiganj, Police Station- Nalanda, DistrictNalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Science and Technology, Government of Bihar, Patna.
2.
The Director, Science and Technology and Technical Education, Bihar, Patna.
3.
The Secretary, State Technical Education Council, Bihar, Patna. 4.
The Incharge Principal, Government Polyphonic, Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Respondent/s :
Mr.Government Pleader (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 09-04-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. The instant writ application has been filed for the following reliefs:- (i) For directing the respondents concerned to pay the due Honorarium/ Salary of the month June 2023 (i.e. since 01.06.2023 during Summer Vacation of Government Polytechnic, Gayaji during which institution was closed for teaching and non-teaching employees as per notified leave chart by the Department itself but due salary was not paid on the ground that the said leave period will be adjusted against earned leave and the same was also endorsed vide Letter No.217 dated 02.03.2024 issued by the Respondent No.4 but till date the same has not been decided and due salary
2/4 is paid to the petitioner adversely affecting the post retiral pensionary benefit.
(ii) For directing the respondent concerned to decide the claim of the petitioner for payment of due salary of month June 2023 during summer vacation in view of Office Order bearing Memo No.3443 dated 09.08.2024 issued from the level of Deputy Secretary of Science & Technology Department, Government of Bihar under which it has been decided that benefit of summer vacation and X-mas vacation will also be extended to contractual teachers like the regular teachers but till date no decision has been taken.
(iii) For granting any other relief for which the petitioner is found entitled in the eye of law.
3. Learned counsel for the petitioner submits that a representation for payment of honorarium has already been filed before the concerned authorities but till date the grievance of the petitioner has not been addressed. Therefore, the petitioner was compelled to file an application before the Hon'ble Chief Minister's Secretariat, Patna, Bihar, as contained in AnnexureP/6. However, till date, the same has also not been adjudicated, and ultimately, the petitioner has been constrained to file the instant writ application for payment of honorarium for the duties discharged during the summer vacation at Government Polytechnic College, Gaya, while the institution was closed for teaching and non-teaching employees as per the notified leave chart of the Department.
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4. It is further submitted that for redressal of the petitioner's grievance, the In-charge Principal, Government Polytechnic College, Gaya, has already made a request vide Annexure-P/3 to Respondent No. 2, appending the attendance sheet but for unexplained reasons, the same has not been adjudicated till date.
5. On the other hand, learned counsel for the State submits that no representation has been filed before Respondent No. 2 rather, the representation has been filed before the Hon'ble Chief Minister's Secretariat, Patna, Bihar. Therefore, it is submitted that the petitioner may be directed to file a detailed representation, along with all supporting materials before Respondent No. 2, and the same shall be adjudicated within a stipulated time frame.
6. Considering the submissions of the parties, the petitioner is directed to file a detailed representation, along with a copy of this order and all supporting materials, before Respondent No. 2 within a period of three weeks from today. Upon receipt of such representation, Respondent No. 2 shall consider the claim of the petitioner and pass necessary orders within a further period of eight weeks. Any benefits for which the petitioner is found entitled, upon adjudication of his
4/4 grievance, shall also be extended in his favour within the same period.
7. With the aforesaid observations and directions, the instant writ application stands disposed of.
(Ajit Kumar, J) shikha/- U