IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1273 of 2005 Arun Kumar, son of Sri Indradeo Singh, village Sultani, PO Sultani, District Jehanabad – Petitioner. Vs. 1) The State of Bihar, 2) Dist. Education Superintendent cum District Programme Coordinator, Jehanabad. 3) Mukhiya, Gram Panchayat Panduee, Jehanabad. 4) Headmaster, Primary School, Sultanee, Dist. Jehanabad – Respondents. 4 4.1.2011 This writ petition has been filed challenging the order contained in Annexure 5 whereby the petitioner has been terminated from the post of Shiksha Mitra on 13.7.2004 with retrospective effect of the date of his appointment in view of letter no. 236, dated 17.6.2004 and letter no. 270, dated 8.7.2004. The petitioner along with five others was appointed as Shiksha Mitra vide Annexure 1 on 25.7.2003. Annexure 1 would reveal that the petitioner was posted at Sultani Primary School, Sultani, whereas three persons were, namely, Kumkum, Mithlesh Paswan and Rupesh Kumar were posted as Pandaul. It subsequently transpired that in fact there were only five schools in which appointments were to be made and the petitioner having less marks was removed from service. It is also obvious that the excess appointment was made at Pandaul and not at Sultani and, therefore, the petitioner continued to work as Shiksha Mitra during the tenure appointment of eleven months. The claim of counsel for the petitioner is that actually the petitioner worked for 11 months and 15 days. This court cannot grant any relief so far as termination 2 of the petitioner is concerned inasmuch as the post itself has been abolished. However, it cannot be doubted that the petitioner worked at Sultani Primary School. There was no excess appointment in the school and, therefore, this court cannot doubt that he had actually worked. Terminating his service retrospectively and that too after completing his tenure on the post would not be a circumstance to deprive the petitioner from the benefit to which he is entitled i.e. payment of honorarium amount which was earlier paid to Shiksha Mitra. I, therefore, direct respondent District Education Superintendent cum District Programme Coordinator, Jehanabad to make payment to the petitioner on an application being filed along with a copy of this order. The said payment should be made within a period of four months from the date of filing of the application. It is made clear that the petitioner should file an application within eight weeks of receipt of copy of this order. The petitioner would also be entitled to the refund of Rs.500/- which he had deposited for the commencing year i.e. 2004-05, if he presents a receipt before the authorities concerned regarding the said payment. This writ petition is allowed to the extent indicated above. haque ( Sheema Ali Khan, J.)