IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.828 of 2010 BACHI DEVI W/O RAJENDRA MISTRI R/O VILL- TETARUADIH, P.O- AKAUNA, P.S- NAWADAH MUFASSIL, BLOCK- NAWADAH, DISTT- NAWADAH Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF WELFARE, BIHAR, PATNA 2. THE DIRECTOR, I.C.D..S. , BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, NAWADAH 4. THE DISTRICT PROGRAMME OFFICER, NAWADAH 5. THE CHILD DEVELOPMENT PROJECT OFFICER, NAWADAH BLOCK, DISTT- NAWADAH ----------- 2/ 01.07.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondents to make payment of honorarium for the post of Anganbari Sahaika, which has not been paid to the petitioner since 2004 to February, 2008. The payment of honorarium was stopped without any reason, though she was continuously discharging her duties. There was no order for cancellation of her selection on the post of Anganbari Sahaika. She herself has not submitted any resignation, as such there was no reason for non-payment of salary to the petitioner. Earlier, petitioner had moved before this Court by filing C.W.J.C. No. 9833 of 2005, which was disposed of, giving liberty to the petitioner to represent before the District Magistrate, Nawadah. Counter affidavit has been filed on behalf of the District Magistrate, Nawadah, respondent No. 3. Annexure-3 is the order passed by the District - 2 - Magistrate, Nawadah, in the light of the direction of this Court, passed in C.W.J.C. No. 9833 of 2005. The order passed by the District Magistrate, Nawadah, indicates that Anganbari Centre Tetariadih, where the petitioner was working as Anganbari Sahaika, submitted a false resignation letter in the name of the petitioner and in place of petitioner allowed her own daughter- in-law, Tara Devi to discharge the duties of Anganbari Sahaika. The honorarium payable to the petitioner was being paid to Tara Devi. The District Magistrate, Nawadah, vide order dated 07.01.2008, contained in Memo No. 29, has cancelled the order allowing Tara Devi to work as Anganbari Sahaika and the money received by her as honorarium has been directed to be recovered. The District Magistrate, Nawadah, however, has not passed any order for payment of honorarium to petitioner. A direction has been issued to Anganbari Sahaika for presenting fake resignation letter, alleged to have been submitted by the petitioner. The order passed by the District Magistrate, Nawadah, is indicative of this fact that the petitioner was selected but on account of some conspiracy she was not allowed to discharge her duties. In this way, she remained deprived of receiving honorarium for the post. Counsel appearing for the petitioner, on the other hand, submits that Tara Devi in connivance with her mother-in- law, was receiving honorarium, this was proved. But so far - 3 - discharge of duties is concerned, she has continuously done her duties and never tendered any resignation Tara Devi, impersonated the petitioner and received honorarium. Petitioner is not being paid her salary since 01.08.2004, on false pretext of non-availability of the fund, always false assurance was made that once fund is allotted and received, she will be paid her honorarium. Considering these facts, the respondents, District Programme Officer, Nawadah and the Child Development Officer, Nawadah, is directed to look into the matter. Since, petitioner had never resigned and continued on the post, she will be paid honorarium for January 2008 onwards. The period in between 01.04.2004 to January, 2008 also the payment will be made to her on realization of this amount from Tara Devi, as per the direction the District Magistrate, Nawadah. The payment of honorarium for February, 2008, till date, must be made within eight weeks from the date of production/communication of the order. Payment for earlier period shall also be made on realization of this amount from Tara Devi. The period for payment shall not exceed three months from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)