Raj Kishore And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7414 of 2014 ====================================================== 1.
Raj Kishore son of Shree Ramashray Das Resident of Village- Bibhutipur, P.O- Bibhutipur, P.S- Bibhutipur, District- Samastipur. 2.
Rajeev Kumar Mishra son of Late Upendra Mishra resident of VillageKalayanpur, P .O- Kalyanpur, P.S- Bibhutipur, District- Samastipur. 3.
Sanjeev Kumar Mishra Son of Late Upendra Mishra Resident of VillageKalyanpur, P.O- Kalyanpur, P.S- Bibhutipur, District- Samastipur. 4.
Saroj Kumar Jha Son of Upendra Jha Resident of village- Mustafapur, P.OMohamadpur Sakra, P.S- Bibhutipur, District- Samastipur. 5.
Prince Kumar son of Shree Laxmi Mahto Resident of village- Khadiyahi, P.O- Bibhutipur, P.S- Bibhutipur, District- Samastipur. 6.
Sanjeev Safal son of Shree Yougas Ram Resident of Village- Birha, P.O Bihra, P.S- Rosra, District- Samastipur.
7.
Ram Udgar Yadav Son of Ram Prit Yadav resident of Village- Sirsi Mahahi, P.O- Mahathi, P.S- Bibhutipur, District- Samastipur. 8.
Krish Nandan Prasad Son of Shree Ram Utim Mahto resident of villageKarakh, P.O- Sakhmohan, P.S- Bibhutipur, District- Samastipur. 9.
Mukesh Kumar Son of Sitam Ram Chourasiya Resident of Village- Pateliya, P.O- Pateliya, P.S- Bibhutipur, District- Samastipur. 10.
Sita Ram Yadav Son of Shree Negar Yadav resident of Village Singhia, Bujurg, P.O- Singhia Ghat, P.S- Bibhutipur, District- Samastipur. 11.
Laxman Sharma Son of Late Ramchandra Sharma Resident of VillageNarahan State, P.O- Narahan State, P.S- Bibhutipur, District- Samastipur. 12.
Lalbabu Das Son of Shree Siyaram Das Resident of Village- Madhopur, P.OMadhopur, P.S- Bibhutipur, District- Samastipur. 13.
Arun Kumar Rajak Son of Shree Babhu Rajak resident of VillageMustafapur, Sakra, P.S- Bibhutipur, District- Samastipur. 14.
Yogi Ram Son of Sone Lal Ram Resident of Village Patelliya, P.OBatelliya, P.S- Bibhutipur, District- Samastipur. 15.
Prahalad Prasad Son of Ganesh Mahto Resident of Village- Basauna, P.OBhusawar, P.S- Bibhutipur, District- Samastipur. 16.
Umesh Kumar Son of Ghuran Mahto Resident of Village- Khadiyahi, P.OBibhutipur, P.S- Bibhutipur, District- Samastipur. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Chief Secretary, Government of Bihar Old Secretariate Campus, Patna 2.
The Chairman, Bihar State Legal Service Authority, Budh Marg, Patna-1 3.
The Member Secretary, Bihar State Legal Service Authority, Budh Marg, Patna-1 4.
The Chairman, District Legal Services Authority Samastipur.
2/4 5.
The Secretary, District Legal Service Authority, Samastipur. 6.
The District Magistrate- Cum- Vice Chairman, District Lagal Service Authority, Samastipur.
7.
The Block Development Officer's Under the District Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the State :
Mr. Prabhat Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-02-2025 Heard Mr. Pramod Kumar Singh, learned counsel for the petitioners and Mr. Prabhat Kumar, learned counsel for the State.
2. The present writ petition has been filed for directing/commanding the respondents to consider and make payment of honorarium of the Para-legal volunteers who has been renderered services in the legal Aid Clinics in pursuant to the Section 17 of National Legal Services Authority (Legal Aid Clinics) Regulation 2011.
3. Learned counsel for the petitioners submits that the respondent No.6 passed order for deputation of para-legal volunteer's by Memo No. 1705 dated 25.08.2011 in the light of the letter issued by the respondent No.4.
4. In pursuant to the aforesaid orders, the petitioners were deputed by competent authority as Para-Legal Volunteer in different Block under the Samastipur District and petitioners
3/4 have given their joining before the competent authority and the same was accepted by the competent authority and thereafter the petitioners were sent for training of the said post and the petitioners have successfully completed their training and thereafter discharging with the duties of the said post.
5. The District Legal Services Authority has published a notification on 09.01.2014 for selection of post of Para-Legal Volunteers and invited the application for the eligible candidates by the order of the Secretary, District Legal Services, Authority, Samastipur. Learned counsel for the petitioners submit that without making the payment of honorarium, the authority had issued an advertisement for the post in question.
6. Learned counsel for the State had filed a counter affidavit on behalf of respondent No.6 and fairly submits that the petitioners were deputed by Hon'ble District and Session Judge-cum-Chairman District Legal Services Authority, Samastipur vide order No. 25/ADMN dated 04.07.2013 and order No. 38/Adm/DLSA dated 30.08.2013. The honorarium payable to Para Legal Volunteers (PLVs) was Rs. 250/- per day subject to proof of rendering services by them on the particular day for which they have been deputed.
7. Learned counsel for the State further submits that
4/4 as per grievance of payment made of the petitioners, PLVs who were deputed in different Police Stations and Block, a committee was constituted on 22.09.2014 under the Chairmanship of District & Sessions Judge-cum-Chairman, DLSA, Samastipur to evaluate and make payment against the work of these PLVs as per guidelines for payment PLVs. The said committee after due discussion resolved that petitioners are not entitled for the payment of the honorarium due to their work was not satisfactory.
8. Having heard the counsel for parties and perused the materials on record and in view of the stand taken by the learned counsel for the State, no case is made out for interference of this Court with regard to payment of honorarium of the Para-Legal Volunteers (petitioners) .
9. Accordingly, the writ petition is dismissed. (Rajesh Kumar Verma, J) Suruchi/- U