Pratap Chandra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20188 of 2014 ====================================================== Pratap Chandra Singh, son of Sri Braj Nandan Singh, resident of villageDaulatpur, P.S. and District- Jamui ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director Jan Siksha Bihar Cum Joint Secretary, Bihar, Patna 3.

The District Magistrate Cum-Chairman, District Literacy Committee, Jamui 4.

The District Education Officer cum District Jan Siksha Officer, Jamui 5.

The District Programmer Officer Literacy Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Advocate For the Respondent/s :

Mr.Md.Shahid Siddiqui, AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-12-2022 Learned counsel for the petitioner submits that the petitioner has discharged the responsibility of "Programme Coordinator" under the District Literacy Committee, Jamui, headed by the District Magistrate-cum-Chariman, District Literacy Committee, Jamui. He submits that he has not been paid honorarium for the period during which he claims to have discharged the duties under the programme, i.e. 01.10.2009 to 21.10.2011. It is submitted that in case of others similarly situated, this Court has issued direction for payment. The petitioner has annexed two orders passed in C.WJ.C. No.1151 of 2012 and C.W.J.C. No. 4180 of 2013.

On a query being made whether he has approached

Patna High Court CWJC No.20188 of 2014(2) dt.07-12-2022 2/2 the Authorities, the learned counsel for the petitioner submits that there is nothing on record to show that the petitioner has ever approached the Authorities.

The petitioner ought not to have rushed to this Court directly. Unless there is failure on the part of the Authorities to consider or pay, there is no occasion for invoking the writ jurisdiction. However, keeping in view the orders passed in the earlier writ petitions, this Court would allow the petitioner to represent before the District Maistrate-cum-Chairman of the District Literacy Committee, Respondent No.3, by a representation giving details in support of his claim. If such application is filed within 15 days from today, the District Magistrate would be obliged to consider the petitioner's claim and pass a reasoned and speaking order, in accordance with law, within eight weeks. Amounts found due and admissible must be paid within four weeks thereafter.

Writ application is disposed of with liberty. (Madhuresh Prasad, J) shashank/- U