High Court Jharkhand High Court

Pursotam Bhagat And Ors. vs State Of Jharkhand And Ors. on 1 February, 2008

Jharkhand High Court
Pursotam Bhagat And Ors. vs State Of Jharkhand And Ors. on 1 February, 2008
Equivalent citations: 2008 (2) JCR 707 Jhr
Author: N Tiwari
Bench: N Tiwari


ORDER

N.N. Tiwari, J.

1. In this writ petition, the petitioners have prayed for a direction on the respondents to pay the Honorarium, payable to them, which has not been paid in spite of their repeated requests and representations to the concerned authorities.

2. It has been stated that the petitioners have worked a non-formal education supervisors in different projects in different districts and they are entitled to get the prescribed honorarium. When the honorarium, which they were entitled to get, was not paid, they made requests and filed their representation, but no order was passed. Learned Counsel for the petitioners submitted that in a similar circumstance, some persons had moved this Court in W.P.(S) No. 3949 of 2003. The said case was disposed of by order dated 21.8.2003 directing the respondents to pass appropriate order. In compliance of the said order passed in W.P.(S) No. 3949 of 2003, the respondents passed the order allowing the claim of the petitioners of that case. The petitioner being at par with the said persons are entitled for payment.

3. A counter-affidavit has been filed on behalf of the respondents. A supplementary counter-affidavit has been also filed stating, inter alia, in paragraph-10 that the petitioners’ claim is more than 12 years old and the same needs verification. After proper verification, appropriate decision regarding payment of the claim dues shall be taken by the department. It has been stated that the petitioners may make their claim individually by filing their respective representations and on receipt of representations of the petitioners, the concerned authority shall consider the same and pass appropriate order.

4. After hearing the parties and considering their submissions, this writ petition is disposed of giving liberty to the petitioners to file representation(s) regarding their respective claim before the Secretary, Primary, Secondary and Higher Education, Jharkhand along with a copy of this order. If such representation(s) is /are filed, the said respondent shall consider the petitioners’ claim and pass appropriate order, in accordance with law, also taking into consideration the departmental order, if any, issued in similar case. The said respondent shall dispose of the same within a period of six weeks from the date of receipt of representation(s).

5. If the petitioners are found entitled for the benefit, claimed by them, admitted monetary benefit must be paid to the petitioners within a period of six weeks thereafter. If the said authority disputes or denies any claim of the petitioners, he shall record the reasons and shall communicate the same to the petitioners in writing within the aforesaid period.

6. If the amount(s), found payable/admissible, is/are not paid to the petitioners within the aforesaid period, the same shall carry interest @ 10% per annum till final payment. In that event, the State Government shall be at liberty to realize the amount of penal interest from the erring official(s).