Munni Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12637 of 2015 ====================================================== Munni Kumari Wife of Randhir Kumar, resident of village - Logain, P.O. - Logain, P.S. - Amarpur, District - Banka, Presently working as a Senior pPrerak at Middle School Logain under Lakshipur Chiraiya Panchayat, P.S. - Amarpur, District - Banka.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna.

3. The Director, Jan Shiksha, Bihar, Patna.

4. The Deputy Development Commissioner, Banka.

5. The District Magistrate, Banka.

6. The District Panchayat Raj Officer, Banka.

7. The District Education Officer, Banka.

8. The District Programme Officer (Saksharta), District - Banka.

9. Smt. Vandana Devi, Mukhiya of Panchayat Lakshmipur Chiraiya, P.S. - Amarpur, District - Banka.

10. Smt. Bhawani Devi, Headmisress of Middle School, Logain, P.S. - Amarpur, District - Banka.

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Respondent/s :

Mr. AC to SC 20.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The grievance of the petitioner in the instant case is non payment of honorarium for the period he has actually worked. Petitioner claims that he was appointed as Senior Prerak under Jan Shiksha Saksharta Scheme in lakshmipurChiraiay Panchayat, on 28th August 2011. On behalf of the respondent stand has been taken that

Patna High Court CWJC No.12637 of 2015(2) dt.28-11-2018 2/2 petitioner was never appointed on the said post. The controversy as to the appointment of the petitioner on the post of Senior Prerak under Jan Shiksha Saksharta Scheme cannot be decided in the present proceeding. However, liberty shall be available to the petitioner to approach the concerned District Programme Officer (Saksharta) who shall examine the record and if it is found that engagement of petitioner is valid and petitioner has discharged his duty as Senior Prerak, he will ensure the payment to the petitioner at earliest preferably within a period of four months from the date of receipt / production of a copy of this order. It is made clear that I am not expressing any opinion on the merit of the claim of the petitioner, it is upto respondent District Programme Officer (Saksharta) to verify the record and decide the claim of the petitioner.

With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) T.Kr./- U