Urmila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23334 of 2013 ====================================================== Urmila Devi, Wife of Suryadeo Prasad, Sarpanch, Gram Panchayat, Dharampura, Resident of Village - Mojararh, Police Station - Nokha, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Panchayat Raj Department, Bihar, Patna.

2. The District Magistrate, Rohtas.

3. The District Panchayat Raj Officer, Rohtas.

4. The Block Development Officer, Nokha, District - Rohtas.

5. The Mukhiya, Dharampura Panchayat, Police Station - Nokha, Block - Nokha, District - Rohtas.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Choubey For the Respondent/s : Mr. Jawahar Pd. Karn, AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-09-2015 Heard Mr. Surendra Kumar Choubey, learned counsel appearing on behalf of the petitioner and Mr. Jawahar Prasad Karn, learned Additional Advocate General No.4 for the State.

The petitioner complains for non-payment of honorarium to the Sarpanch, Up-Sarpanch and Panch of Dharampura Gram Kachahari in the district of Rohtas for the period 2008-09 and from 2010 until date.

It is the grievance of the petitioner that having discharged the duties assigned against the post of Sarpanch/UpSarpanch/Panch under the provisions of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') although the holders of these posts have drawn honorarium for the period

Patna High Court CWJC No.23334 of 2013 (2) dt.14-09-2015 2009-10 but the honorarium for the previous year i.e. 2008-09 as also the subsequent period from 2010 until date have not been paid for which the petitioner and others have filed representations before different authorities but to no effect. Having heard learned counsel for the parties and considering the nature of grievance raised herein the writ petition is disposed of with a direction to the District Panchayat Raj Officer, Rohtas to consider the grievance of the petitioner and dispose of the same expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order.

It goes without saying that if these posts-holders are found entitled for honorarium then their payment should be made to them and in the event that they are not found entitled then the claim be disposed of by a speaking order. In either circumstance the disposal of claim should be within three months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) SKPathak/- U