Radha Kumari @ Radha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20726 of 2014 ====================================================== Radha Kumari @ Radha Devi Wife of Sri Shankar Sah Resident of Village/Mohalla-Dharampur ,(Asli), P.S.-Tazpur , District-Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Human Resources Department Govt. of Bihar, Patna.

2. Principal Secretary, Human Resources Department Govt. of Bihar, Patna.

3. Director, Primary Education, Bihar, Patna.

4. District Magistrate, Samastipur.

5. District Programme Officer cum District Superintendent of Education, Samastipur.

6. Block Education Officer,Tajpur, District- Samastipur.

7. Head Master, Middle School / Primary School Saidpur Milki, DistrictSamastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Respondent/s :

Mr. Ashok Kumar Keshri ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2018

1. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. Learned counsel for the petitioner submits that petitioner has discharged his responsibility as teacher (Shikha Swayam Sevak) but she was not paid honorarium since December 2008. Learned counsel for the petitioner submits that petitioner is still working.

3. This writ petition was filed on 08.12.2014 after service of two advance copies to the office of the Advocate General, but unfortunately till date no counter affidavit has been filed. In view of the fact that no counter affidavit has been filed

Patna High Court CWJC No.20726 of 2014(2) dt.01-10-2018 2/2 on behalf of the respondent, the Court is constraint to dispose of the writ petitioner. In the matter of payment of honorarium for discharging responsibility by the petitioner, the respondent authority has to verify the record and if it is found that the petitioner has actually worked for the aforesaid period then her honorarium has to be paid.

4. In view of the above the writ petition is disposed of with direction to the respondent District Programme Officer (Saksharata), Samastipur, to verify the record and if the petitioner has actually discharged the responsibility of Siksha Swayam Sevika, he shall ensure that arrears of salary be paid to the petitioner if not already paid within a maximum period of four months days from the receipt/ production of a copy of this order.

5. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U