Patna High CourtCWJC/16603/2015disposed

Varun Kumar Razak v. The State Of Bihar And ORS

2018-11-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16603 of 2015 ====================================================== Varun Kumar Razak Son of Kamleshwari Razak, R/o village Pathra, P.S. Barahat, Dist. Banka.

... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The District Magistrate, Banka

3. The Block Development Officer, Barahat, Banka.

4. The Block Education Officer, Barahat, Banka

5. The Principal Middle School, Bhanga Pathra, Barahat, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar Prabhakar, Advocate Mr. Sanjiva Kumar Singh, Advocate For the Respondent/s :

Mr. Ravi Verma, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-11-2018 Learned counsel for the petitioner is permitted to implead the District Programme Officer, Shaksharta, District Banka as respondent during the course of the day. It appears that the matter was placed before the Lok Adalat but due to reluctance on the part of the respondents the dispute could not be settled and it has been referred to the regular Bench.

In the instant writ petition the dispute involves payment of honorarium to the petitioner who has worked as Tola Sevak. Taking work and denying honorarium amounts to Begari and the same is not permissible. If the respondents have exploited the petitioner having taken work from him, they are

Patna High Court CWJC No.16603 of 2015(2) dt.29-11-2018 2/2 obliged to ensure payment of honorarium, if not paid. Accordingly, the respondents are directed to pay honorarium to the petitioner for the period the petitioner has worked and is entitled. The decision for entitlement and payment must be taken by the respondent District Programme Officer, Shaksharta within a maximum period of three months from the date of receipt/production of a copy of this order . With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U