Bucchi Mahto And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15823 of 2017 ======================================================

1. Bucchi Mahto S/o Ram Chandra Mahto, resident of VillageAskaul, P.O.+ P.S.- Alinagar, District- Darbhanga.

2. Amerjeet Kumar Mahto, S/o Ashok Mahto, resident of VillageAlinagar, P.O.+ P.S.- Alinagar, District- Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar through the Director Jan Shiksha cum- Joint Secretary, Bihar, Patna.

2. The District Magistrate, Darbhanga.

3. The District Education Officer, Darbhanga.

4. The District Chief Programme Coordinator, Bihar Education Project, DistrictDarbhanga.

5. District Programme Officer (Establishment and Shakcharta) Darbhanga. null null

6. The Block Education Officer, Alinagar Block, Darbhanga.

7. The Headmaster Government Primary School Askaul (Boys), Alinagar, District- Darbhanga.

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

For the Petitioner/s :

Mr. Md. Shahnawaz Ali, Advocate For the Respondent/s :

Mr. Arvind Kumar, AC to GP23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 22-02-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The grievance of the petitioners in the present writ petition is non-payment of honorarium despite the fact that the petitioners are discharging the duty of Tola Sevak, in the Government Primary School, Askaul (Boys) Circle, Benipur, District Darbhanga.

The issue involved in this case requires factual inquiry and only on verification of record whether the petitioners were validly

Patna High Court CWJC No.15823 of 2017 dt.22-02-2018 2/2 appointed and worked during the period they are claiming payment of honorarium/remuneration, payment can be made. The documents are lying with the respondents and as such they are required to examine the relevant record and pass appropriate order if the petitioners were validly appointed as Tola Sevak and have actually worked for the period they are claiming payment of honorarium. Such enquiry must be done by respondent No.5, who on examination of the record, shall pass appropriate order for redressal of the grievances of the petitioners regarding nonpayment of honorarium or remuneration within a period of three month 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/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.02.2018 Transmission Date