Partly allowed

Vibha Kumari v. the State of Bihar and Ors.

Patna HC29 Oct 2013CWJC/6620/2011

Case brief

AI extract

What is this about?

In an interlocutory order on a writ petition concerning unpaid honorarium for a primary teacher, the court directed the petitioner to file a representation before the District Programme Officer. The officer was instructed to examine the grievance and decide on arrear and current dues payment within four weeks.

What did the court decide?

Directed petitioner to file representation within four weeks; respondent to examine grievance and decide on payment of dues within four weeks.

Vibha Kumari Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6620 of 2011

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====================================================== 1. Vibha Kumari W/O Sri Kameshwar Thakur, R/O Village And Post - Ahiman Chapra, District - East Champaran (Motihari) .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Principal Secretary Primary, Secondary, And Adult Education, Government Of Bihar, Patna 2. The Director, Primary Education, Government Of Bihar, Patna 3. The District Superintendent Of Education, East Champaran (Motihari) 4. The Block Education Extension Officer, Kalyanpur - 1, East Champaran (Motihari) 5. The Mukhiya Of Gram Panchayat Raj Siswa Soab, East Champaran (Motihari) .... .... Respondent/s ======================================================

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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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5 29-10-2013 Re. I.A. No. 7279 of 2013 Heard.

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For the reasons stated in the interlocutory application and the submissions made in support thereof, the same is allowed.

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I.A. No. 7279 of 2013 stands disposed of. Heard Mr. Sandip Kumar for the petitioner and learned counsel for the State.

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The petitioner was serving as Primary Teacher in Navsrijit Primary School Mathia at Kalyanpur. Although she continued to work she was not paid salary/ honorarium for last three years. Her request made in this regard with the respondent did not yield result. Resultantly, she filed the present writ petition

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Patna High Court CWJC No.6620 of 2011 (5) dt.29-10-2013

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for payment of salary/honorarium.

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A counter affidavit has been filed on behalf of the respondent no.3 ( District Programme Officer, Establishment, East Champaran, Motihari). In para 4 of the counter affidavit, it has been stated that the honorarium of the petitioner for the period February 2010 to March 2013 has already been paid by crediting the amount in the Savings Bank Account of the petitioner. The dues for the period thereafter are to be paid in accordance with the change in the mode of payment enforced by the Government. It has, thus, been submitted that the grievance of the petitioner has been redressed.

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Mr. Sandip Kumar, learned counsel for the petitioner, on instruction, fairly states that a sum of Rs. 2,11,000/- ( Two Lac Eleven Thousand) and odd has been deposited in the account of the petitioner. As per the calculation of the petitioner, the amount of salary/honorarium would be around Rs. 2,80,000/- ( Two Lac Eighty Thousand). It has further been submitted that for the subsequent months the payment of honorarium has been made to the petitioner at the rate of 6000/- ( Six Thousand) per month although the petitioner would be entitled payment of honorarium at the rate of Rs 8000/- ( Eight Thousand) per month.

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Learned counsel for the respondent while

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Patna High Court CWJC No.6620 of 2011 (5) dt.29-10-2013

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supporting the stand taken in the counter affidavit, has submitted that there has been enhancement in the honorarium of the employee like the petitioner w.e.f. 1.9.2013.

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In my view, for the said grievance, the petitioner should file a representation before the respondent - District Superintendent of Education, East Champaran ( now re-designated as District Programme Officer (Establishment) within four week. If any such representation is filed, the said respondent shall examine the said grievance of the petitioner and take appropriate decision thereon within four weeks thereafter. Depending on the decision to be taken by the said respondent the remaining dues on account of payment of arrear as well as current honorarium, if any, shall be paid/ authorized in favour of the petitioner within four weeks thereafter.

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Writ application is disposed of.

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(Kishore Kumar Mandal, J)

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Shyam/-

Vibha Kumari v. the State of Bihar and Ors.

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Vibha Kumari v. the State of Bihar and Ors.

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