IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4176 of 2008 SANJAY KUMAR, S/O RAMOTAR MAHTO, R/O VILLAGE- JAGDISHPUR BALAGAON, P.S.-SURAJGARHA, DISTRICT-LAKHISARAI. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR, MUNGHYR. 4. THE DISTRICT MAGISTRATE, LAKHISARAI. 5. THE DISTRICT EDUCATION OFFICER, LAKHISARAI. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI. 7. THE BLOCK DEVELOPMENT OFFICER, SURAJGARHA, LAKHISARAI. 8. THE BLOCK EDUCATION EXTENSION OFFICER, KAJARA SURAJGARHA, LAKHISARAI. 9. THE MUKHIYA GRAM PANCHAYAT RAJ MOHAMADPUR, SURAJGARHA, LAKHISARAI. 10.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ MOHAMADPUR SURAJGARHA BLOCK, LAKHISARAI. ……………RESPONDENTS. ----------- 3 07.07.2011 From Annexure-3 it appears that the appointment of the petitioner as Panchayat Teacher has been cancelled on the ground that a mistake was committed in the merit list in respect of percentage of marks obtained by the petitioner. It appears that the percentage of marks of the petitioner was 60.22%, but by mistake the same was read as 66.22%. From this Annexure, it is apparent that the petitioner was not at fault and nor had played any fraud in his appointment. Therefore, petitioner has filed this writ application for a direction to 2 the respondents to pay his honorarium for the period he has actually worked as Shiksha Mitra/Panchayat Teacher pursuant to such so- called mistake. A counter affidavit has been filed and it is stated in the counter affidavit that the petitioner has a remedy before the Appellate Authority constituted under 2006 Rules. That may be so, the fact remains that it is not disputed that the petitioner was not at all responsible for that mistake in his percentage of marks mentioned in the merit list. Hence, this Court is of the opinion that the petitioner is entitled to his honorarium for the period he has actually worked. The writ application is, therefore, allowed with a direction to the concerned respondents to enquire, calculate and pay the actual honorarium which the petitioner may be entitled, within two months from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)