IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3211 of 2009 SMT.SUSHILA ROY, W/O SRI SIDHNATH ROY, RESIDENT OF VILLAGE-GARA, P.O.& P.S.-GARA, DISTRICT- KAIMUR. …………………………………………………… PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR SOCIAL WELFARE, DEPARTMENT OF SOCIAL WELFARE, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR, I.C.D.S. DIRECTORATE INDIRA BHAWAN, PATNA. 3. THE CHILD DEVELOPMENT SCHEME OFFICER, KARGAHAR, DISTRICT- ROHTAS. 4. THE DISTRICT WELFARE OFFICER, ROHTAS, BHABHUA. 5. THE BLOCK WELFARE OFFICER, KARGAHAR, ROHTAS. …………….………………………………… RESPONDENTS ----------- 2. 17.3.2009 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner as with regard to payment of Honorarium for the period 1.4.1995 to 10.5.2002 can not be even entertained by this Court because it was already made known to her in her order of engagement dated 31st of March, 2002 (Annexure 2) that she would not be paid any amount of honorarium for the earlier period. It is not in doubt that the petitioner complied the said order dated 31.3.2002 and joined her assignment as Angan Wari Sevika without any demur or protest as is apparent from Annexure 3, her joining report dated 10.5.2002. In that view of the matter, she cannot be later on allowed to even raise 2 such a plea and that too in respect of a scheme which is itself temporary in nature and has no parallel or equivalence with a Government service. That being so, the first part of the prayer of the petitioner for payment of honorarium for the period 1.4.1995 to 10.5.2002 is hereby rejected. Coming to the second part of the grievance this Court would find some merit, inasmuch as once the joining of the petitioner was accepted on 10.5.2002 she was required to be paid her honorarium if she has worked pursuant to her order of engagement dated 31.3.2002. From the letter of the Child Development Project Officer, Karghar dated 27.8.2005 it appears that the requisition of fund was made for payment of honorarium of the petitioner from the I.C.D.S. Directorate and it is the case of the petitioner that such amount has not yet been released by the aforesaid Directorate as a result whereof the honorarium for the period 10.5.2002 onwards also has not been paid to her. This Court would, accordingly, 3 direct the petitioner to file a representation to the Director of I.C.D.S. Directorate through the Child Development Project Officer, Kargahar (Rohtas) giving the details of her claim of honorarium for the period 10.5.2002 onwards and once such a representation is filed the C.D.P.O., Karghar will verify the working period of the petitioner and thereafter the Director would pass necessary orders for payment of arrear and current amount of honorarium of the petitioner within a period of three months from the date of filing of the representation by the petitioner. It goes without saying that if the petitioner is found entitled to payment of honorarium under the orders of the Director, payment thereof must be also made to the petitioner within a period of one month of such order of the Director. With the aforesaid observation and direction this application, accordingly, stands disposed of. (Mihir Kumar Jha,J.) Surendra/ 4