Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.796 of 2021 ====================================================== Amit Kumar Son of Fakira Das Residence of Village Sariya Belsand Nagar Panchayat, Chandauli Timba, Ward No.12, P.S. Belsand, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Scheduled Cast and Scheduled Tribe Welfare Department, Bihar, Patna, Old Secretariat Campus, Bihar, Patna-15.

2.

The Director, Bihar Mahadalit Vikash Mission, Bihar, Patna. 3.

The District Magistrate, Sitamarhi.

4.

The District Welfare Officer cum District Program Officer, Sitamarhi. 5.

The Sub Divisional Officer, Belsand, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Respondent/s :

Ms. Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondents.

3. Petitioner's counsel is hereby directed to furnish copy of the petition to the respondent's counsel.

4. In the instant petition, petitioner has prayed for following reliefs:

"1. That this is an application on behalf of the petitioner for issuance a writ/writs, order/orders for commanding the respondents authority, and directed to the respondents to release the fix monthly honorarium from 17/11/2017 to till date to the petitioner as per the Government

Patna High Court CWJC No.796 of 2021 dt.17-01-2022 2/2 policy as well as the departmental scheme, and/or issuance any other writ/writs, order/orders, or direction which the petitioner is entitled as per rules and regulations."

5. Short question for consideration in the present petition is whether petitioner is entitled to honorarium against the post of Vikash Mitra from 17.11.2017 onwards or not? In this regard, petitioner has submitted representations on 26.12.2018 and 07.01.2020.

6. The concerned respondent is hereby directed to decide the petitioner's grievance and pay arrears of honorarium along with interest @ 8% per annum within a period of eight weeks from the date of receipt of this order, failing which petitioner is entitled to litigation cost and it is quantified as Rs. 10,000/-. The cost shall be paid by the Disbursing Officer from his pocket and not from the department or the government.

7. With the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date