Patna High CourtCWJC/8696/2016disposed

Mohan Baitha v. The State Of Bihar And ORS

2018-02-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8696 of 2016 ====================================================== Mohan Baitha, son of Prem Chandra Baitha, resident of Village- Gorauli, P.O.- Mahua, P.S.- Baikunthpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

2. The District Education Officer, Gopalganj.

3. The District Programme Officer, Gopalganj

4. The District Officer, Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jyotindra Pratap Singh, Advocate Mr. Dhananjay Kumar Tiwary, Advocate For the Respondent/s : Mr. Mrigendra Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and State. This writ application has been filed after service of two advance copies on 13.05.2016 to the office of learned Advocate General.

The grievance of the petitioner in the present writ application for payment of honorarium and for a direction to the respondents to regularize his service.

So far as the regularization is concerned, in view of the judgment of the Hon'ble Apex Court in the case of Secretary, State Of Karnataka and Ors. Vs. Umadevi and Ors, reported in (2006) 4 SCC 1, no positive direction can be issued and as such the prayer made by the petitioner for regularization stands

Patna High Court CWJC No.8696 of 2016 (2) dt.05-02-2018 2/2 rejected.

So far as payment of honorarium is concerned, the respondents will examine the record and if any honorarium is payable to the petitioner, the respondents shall pass appropriate order for payment of unpaid honorarium, if any, within a maximum period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- U