IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6882 of 2008 Ajay Kumar, son of Sri Ramashray Yadav, resident of village Balwanpur, P.S. Tekari, District Gaya………………………………………………..Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Department of Human Resources, Government of Bihar, Patna. 3. The Director, Primary Education, Vikash Bhawan, Patna. 4. The Special Secretary – cum - Director, Primary Education, Bihar, Patna. 5. The District Magistrate, Gaya. 6. The District Superintendent of Education, Gaya. 7. The Block Development Officer, Tekari, Gaya. 8. The Block Education Extension Officer, Tekari North Gaya. 9. The Panchayat Secretary, Amakuan Gram Panchayat, Tekari, Gaya. 10. The Mukhiya, Amakuan Gram Panchayat, Tekari, Gaya…………………………………………….……Respondents ----------- 3 28.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by an order of the Director dated 13.03.2008 as contained in Annexure-8 by which his representation, filed pursuant to the liberty granted by this Court earlier, has been rejected and it has been held that his termination as Shiksha Mitra was valid and he was not entitled for any honorarium of the period he had actually worked. Against the said order, petitioner has an alternative remedy before the 2 statutory Appellate Authority constituted under the Rules by 2008 Amendment Act. Therefore, this Court grants liberty to the petitioner to approach the Appellate Authority within four weeks from today. If he does so, the Appellate Authority shall call for the original records, issue notice to the parties giving them opportunity to be heard and shall decide the matter in accordance with law within two months from the date of filing of representation. It is made clear that even if the Appellate Authority comes to a conclusion that appointment of the petitioner was not valid, it shall consider the question of payment of his due honorarium on the basis of actual period of his working. If it finds that petitioner did not obtain appointment on the basis of fraud or misrepresentation or forgery, it shall issue orders for payment of admitted honorarium for actual period of his working. This writ application is disposed of with the aforesaid observations and directions. B.T. (J.N. Singh, J.)