IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10849 of 2008 Sunita Kumari, D/O Shivdani Singh, resident of village Chauria, P.S. Harnaut, District- Nalanda. …………. Petitioner Versus 1.The State Of Bihar 2.District Magistrate, Nalanda at Biharsharif 3.District Education Officer, Biharsharif 4.District Superintendent of Education, Nalanda at Biharsharif 5.Regional Education Officer, Noorsarai, Biharsharif 6.Principal, Madhya Vidhyalaya, Chauria, Biharsharif. ……………. Respondents ---------------------------------- 2. 13/09/2011 As per case of the petitioner, she was appointed as Shiksha Mitra in 2003 and worked for first term of 11 months and thereafter also her engagement was extended. However, later on she came to know that her engagement was cancelled on the ground that at the time of engagement/appointment, roster clearance was not obtained. Learned counsel for the petitioner submits that the petitioner was not at fault if the authorities had not obtained roster clearance. However, he submits that the petitioner is at least entitled for payment of honorarium for the period she has actually worked upon her engagement. It goes without saying that if the petitioner was engaged and worked as Shiksha 2 Mitra for some time, she is entitled for the honorarium if she had not obtained her engagement/appointment by fraud or misrepresentation. If the lapses were on the part of the authorities in complying with the procedural requirements, the same cannot be taken as a ground for denying honorarium to the petitioner for the period she has actually worked at least. Writ application is accordingly disposed of with a direction to the respondent District Superintendent of Education/District Programme Officer to make an enquiry with regard to the actual period petitioner had worked and pay her due honorarium of the period in accordance with law, positively within two months from the date of receipt/production of a copy of this order. Pradeep/ ( J. N. Singh,J.)