IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5518 of 2010 1. NAVNIT KUMAR S/O RANVIR PRASAD SINGH R/O VILL HASANPUR, P.S.HARNAUT, DISTT-NALANDA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT GOVT.OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR , PRIMARY EDUCATION GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4. MEMBER OF THE APPELLATE AUTHORITIES DISTT. TEACHER EMPLOYMENT NALANDA (BIHARSHARIF), P.S.& DISTT-NALANDA 5. THE DISTT. MAGISTRATE NALANDA , P.S.& DISTT- NALANDA 6. THE DISTRICT SUPERINTENDENT OF EDUCATION NALANDA, P.S.& DISTT-NALANDA 7. THE REGIONAL EDUCATION OFFICER NOORSARAY, NALANDA, P.S.& DISTT-NALANDA 8. THE BLOCK DEVELOPMENT OFFICER HARNAUT, P.S.HARNAUT, DISTT-NALANDA 9. THE BLOCK EDUCATION EXTENSION OFFICER HARNAUT, PS.HARNAUT, DISTT-NALANDA 10. MUKHIYA /SECRETARY, GRAM PANCHAYAT RAJ KOLAWA, P.S.HARNAUT, DISTT-NALANDA 11. PANCHAYAT SAMITI SADASYA PANCHAYAT KOLAWA, P.S.HARNAUT, DISTT-NALANDA 12. THE HEAD MASTER , MIDDLE SCHOOL AMARPURI KOLAWARI, P.S. HARNAUT, DISTT-NALANDA 13. ASHAWNI KUMAR S/O SHAILENDRA SINGH R/O VILL HASANPUR, P.S.HARNAUT, DISTT-NALANDA ----------- For the petitioner: Mr. Ajit Kumar Singh. For the State: SC 22. For the private respondent : Mr. Binod Kumar Singh. ------- 04. 06.05.2011 After having heard leaned counsel for the parties including the private respondent, this writ can be disposed of with liberty to the petitioner that for the period the private respondent had not worked and petitioner was employed and was made to work, he surely has a right for payment of honorarium for that period because no person can be allowed to 2 work gratis, must less under the respondent State authorities. So far as merit of the appointment of the private respondent or his qualification is concerned, that is a different cause of action or subject matter of dispute for which petitioner will have to initiate an appropriate proceeding before an appropriate forum and this Court is not willing to go into that aspect in the present writ application. Writ is disposed of with above observation. rkp ( Ajay Kumar Tripathi, J.)