1 IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1606 of 2009 1. LALAN KUMAR S/O SHRI RAM RATAN SINGH VILL- ATAUN, P.O. GONAWAON, DISTT. NAWADA (BIHAR), PIN-805110 2. SHAILENDRA KUMAR S/O SHRI RAMCHANDRA PRASAD VILL- SANDOHRA, P.O. BHADOKHARA, DISTT. NAWADA (BIHAR) 3. ASHOK KUMAR S/O LATE ALAKHDEO SINGH VILL+P.O. MAKANPUR, VIA WARSALIGANJ, DISTT. NAWADA (BIHAR) 4. SURESH PRASAD SINGH S/O SHRI GANESH SINGH VILL- TASEPUR, P.O. TAIYAR, DISTT. NAWADA (BIHAR) 5. RAKESH KUMAR S/O RAM SAGAR SINGH VILL- MIRDASCHAK, P.O. POWARI, P.S. HASAUT, DISTT. NALANDA (BIHAR) 6. RANJEET KUMAR S/O SRI LATE JANARDAN PRASAD LINE PAR MIRJAPUR, NAWADA - 805110 7. NAWIN KUMAR S/O SHRI INDRADEO SINGH LOHIA NAGAR, P.O. ROHIT NAGAR, DISTT. BEGUSARAI (BIHAR), PIN - 851110 8. AJAY KUMAR SINHA S/O LATE RAMCHANDRA PRASAD SINHA VILL- MAHESHPUR, P.S. CHANDI, DISTT. NALANDA (BIHAR) 9. SANJEET KUMAR S/O SHRI KAMESHWARI PRASAD SHAKUNTALAM NAGAR, NWADA, DISTT. NAWADA (BIHAR) 10. AMERICA PRASAD S/O SHRI JOGESHWAR MAHTO VILL- KESHRIYA BIGHA, P.O. BUDHAULI, P.S. PAKRIWARAWAN, DISTT. NAWADA 11. KRISHNA NANDAN PRASAD SINGH S/O SHRI HARIHAR PRASAD SINGH VILL- MAHARATH, P.S. KASHICHAK, P.O. WAJITPUR, DISTT. NAWADA 12. ARUN KUMAR S/O LATE JAGDISH PRASAD SINHA VILL+P.O. KHANWA, P.S. NARHAT, DISTT. NAWADA (BIHAR) 13. SUNIL KUMAR S/O SHRI MATUKDHARI SINGH VILL- ATAUWAN, P.O. GONAON, P.S. NAWADA, DISTT. NAWADA 14. UPENDRA KUMAR S/O SHRI PRABHUDAYAL VILL- SHIKHARPUR, P.O. KUNDA, BHALUWA, DISTT. NAWADA (BIHAR) 15. SUDHIR KUMAR S/O SHRI RAMKHELAWAN SINGH VILL- PACHEYA, P.O. NARDIGANJ, DISTT. NAWADA (BIHAR) 16. ABHINASH KUMAR S/O SHRI SHEONANDAN PRASAD VILL- SHYAM PACHSAKHI, P.O. PANTI, P.S. AKBARPUR, DISTT. NAWADA (BIHAR) 17. RANJAY KUMAR DIWAKAR S/O SHRI UMA PRASAD SINGH NEW AREA, KRISHNAPURI, NAWADA, DISTT. NAWADA (BIHAR), PIN-805110 2 18. ONKAR PRASAD S/O SHRI MATHURA PRASAD VILL+P.O. NEMDARGANJ, DISTT. NAWADA (BIHAR), 805121 … Appellant/Petitioners Versus 1. THE STATE OF BIHAR 2. BIHAR EDUCATION PROJECT COUNCIL BELTRON BHAWAN, SHASTRINAGAR, PATNA- 800023 THROUGH ITS STATE PROJECT DIRECTOR 3. THE STATE PROJECT DIRECTOR BELTRON BHAWAN, SHASTRINAGAR, PATNA 4. THE STATE PROJECT DIRECTOR BIHAR EDUCATION PROJECT COUNCIL, BELTRON BHAWAN, SHASTRINAGAR, PATNA-800023 5. THE DISTRICT SUPERINTENDENT OF EDUCATION- CUM-DISTRICT PROGRAMME CO-ORDINATOR S.S.A., NAWADA 6. THE DISTRICT MAGISTRATE-CUM-CHAIRMAN SERVA SIKSHA ABHIYAN, NAWADA …Respondent/Respondents ----------- 4. 15.3.2011 The present L.P.A. is filed against the order dated 13.11.2009 passed by the learned Single Judge in C.W.J.C.No. 11473/2009. The main contention before the learned Single Judge was that the appellants were appointed on contract basis for Bihar Education Project Council on the basis of honorarium fixed at a flat rate of 2.5% of the estimated value of the building or the maximum amount being 2.5%. According to the appellants, as the same was not paid they filed the present writ petition for enforcing of such payment but, however, the learned Single Judge having relied on the order passed in C.W.J.C.No. 13762/2009 has also 3 Surendra/ arrived at the same conclusion as passed in the said writ petition. It has also been referred to by the learned Single Judge in the impugned judgment that the said writ petition by an order dated 30.10.2009 was permitted to be withdrawn with a liberty to pursue departmental remedies on 30.10.2009. In the above circumstances, we are also of the same opinion that no different conclusion can be arrived at by us, other than one reached by the learned Single Judge in the impugned order. That being so, we are of the view that this L.P.A. can also be disposed of by giving similar liberty to the appellants to agitate their such grievance, highlighted in the writ petition, before the appropriate forum and/or competent authority of the concerned department. With the above observation and liberty, this appeal is disposed of. (T.Meena Kumari,J.) (Mihir Kumar Jha,J)