Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18258 of 2019 ====================================================== Pravin Kumar Son of Shri Anandi Metha Resident of Village- Rajganj, Ward No. 08, Police - Station- Bihariganj, District- Madhepura, Presently working as Night Guard at Higher Secondary School, Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar the Chief Secretary, Bihar, Patna. 2.

The Additional Chief Secretary Education Department, Government of Bihar, Patna.

3.

The Deputy Secretary Education Department, Bihar, Patna. 4.

The Director, (Secondary Education) Education Department Government of Bihar, Patna.

5.

The Regional Deputy Director of Education Koshi Division, Saharsa. 6.

The District Magistrate Madhepura.

7.

The District Education Officer Madhepura.

8.

The District Programme Officer (Secondary Education) Establishment Madhepura.

9.

The Headmaster Higher Secondary School, Bihariganj, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Singh For the Respondent/s :

Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The present writ application involves the issue of payment of honorarium of Rs. 5000/- with effect from 18.6.2018.

Taking work and denying salary amounts to violation of Article 23 of the Constitution of India.

Learned counsel for the petitioner submits that

Patna High Court CWJC No.18258 of 2019(2) dt.06-09-2019 2/2 petitioner has not been paid honorarium since 18.6.2018. Considering the aforesaid, the writ petition is disposed of with a direction to the District Programme Officer (Establishment), Madhepura to take appropriate decision with regard to the claim of the petitioner for payment of honorarium after verification of the record. The District Programme Officer (Establishment), Madhepura shall verify the legality and validity of the appointment of the petitioner and also to verify the actual period of working of the petitioner and on satisfaction as to the legality and validity of the appointment and actual working of the petitioner, the District Programme Officer (Establishment), shall pass appropriate order for payment of honorarium.

Necessary decision in this regard may be taken by the respondent District Programme Officer (Establishment), Madhepura at the earliest preferably within a period of sixty 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) Ravi/- U