Ad hoc Night Guard appointed under a 2012 circular sought unpaid honorarium from March 2015 to his 2018 removal; respondents said non-constitution of the School Management Committee blocked payment. Court disposed the writ with liberty to file a representation to the Director, Secondary Education, who must decide within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4906 of 2019
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Ram Pravesh Mahto S/o Bihari Mahto Resident of Village-Majhauli Mohammadpur Buzurg,P.O. and P.S. Sarai,Dist.-Vaishali-844125
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shatrughan Pandey For the Respondent/s : Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Patna High Court CWJC No.4906 of 2019(3) dt.22-11-2023 2/4
Guards/Security Guards in all the Upgraded High Schools/Middle Schools to protect the property of the schools. It was further directed that if two or more persons are posted in the school, then a peon should be used as a Night Guard on rotation basis. If there is no peon, then the School Management Committee shall appoint a Night Guard on purely temporary/ad hoc basis on payment of honorarium of Rs. 1,500/- per month, which was to be paid from the school development fund. He further submits that after the circular having come into force, the petitioner was appointed on 15.03.2014 and was paid his honorarium for one year, till 15.03.2015. His further contention is that after March, 2015, the honorarium was never paid to the petitioner. He also submits that the petitioner has been removed from service after 2018.
Patna High Court CWJC No.4906 of 2019(3) dt.22-11-2023 3/4
17.06.2018 and on 18.06.2018, he was removed. The School Management Committee could not be constituted after the new election held in the year 2015. Therefore, the petitioner could not be paid his honorarium and as soon as the School Management Committee will be constituted, the petitioner shall be paid his honorarium.
Patna High Court CWJC No.4906 of 2019(3) dt.22-11-2023 4/4
honorarium due to the petitioner within a period of two months from the date of filing of the representation by the petitioner.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √
1 issue framed by the court
Should the petitioner be paid unpaid honorarium for service as ad hoc Night Guard after March 2015 despite non-constitution of the School Management Committee?
Ram Pravesh Mahto
The State of Bihar
Principal Secretary, Department of Education, Govt. of Bihar, Patna
Director Madhyamik Education, Govt. of Bihar, Patna
Regional Deputy Director of Education Commissioner
District Magistrate, Vaishali at Hajipur
Anil Kumar Sinha
As recorded by the court registry
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