1 S.B. CIVIL WRIT PETITION NO.971/1997 TAMACHI RAM VS STATE OF RAJASTHAN & ORS. DATE OF ORDER : 06.10.2009. HON'BLE MR. GOVIND MATHUR, J. Ms. Kusum Rao for the petitioner. None present for the respondents. By an order dated 12.03.1990 passed by the Additional Collector (Development)-cum-officiating Project Director, District Rural Development Agency, Barmer, an appointment was accorded to the petitioner for maintaining the Solar Energy Lights installed in the Panchayat Area. The appointment was given at the honorarium of Rs.20/- per pole of Solar Energy Lights. The Vikas Adhikari, Panchayat Samiti, Chohtan under office order dated 12.01.1994 sanctioned payment of a sum of Rs.1300/- for the payment of honorarium to the petitioner for the working period of 01.04.1992 to 30.06.1992. The grievance of the petitioner is that though he discharged duties assigned to him, but no payment is yet made against the work done by him. In reply to the writ petition preferred by the Project Officer, Rajasthan Energy Development Agency, Barmer, it is stated that the appointment was given to the petitioner under a scheme made by the State Government, however, the services were utilized by the Panchayat Samiti concerned i.e. The Panchayat Samiti, Chohtan in present case. It is also stated that the village where the petitioner was posted was electrified by the Rajasthan 2 State Electricity Board and, therefore, subsequent thereto there was no need ffor any person to maintain the Solar Tube Lights. No reply to the writ petition has been filed on behalf of the Vikas Adhikari, Panchayat Samiti, Chohtan. The fact with regard to giving appointment to the petitioner on contract basis with honorarium is not in dispute. It is also nowhere stated by the respondent No.3 that after electrification of the village by the Rajasthan State Electricity Board, any order was passed or any action was taken by the Panchayat Samiti, Chohtan to discontinue the petitioner from the job assigned. In such circumstances, the presumption is that the petitioner continued to be in engagement of Panchayat Samiti, Chohtan to maintain the solar lights. Once the respondent Panchayat Samiti has utilized services of the petitioner, it is an obligation upon it to make payment of requisite honorarium. The petitioner, therefore, is certainly entitled to get the payment as fixed by the Panchayat Samiti as honorarium while engaging him to maintain the solar lights. Accordingly, the respondent No.3 i.e. The Vikas Adhikari, Panchayat Samiti, Chohtan, district Barmer is directed to make payment of salary/honorarium to the petitioner in accordance with the terms of his appointment. The payment of the amount referred above shall be paid to the petitioner within a period of three months from the date the petitioner serves a certified copy of this order upon the Vikas Adhikari, Panchayat Samiti concerned. 3 With these observations, the petition for writ stands disposed of. (GOVIND MATHUR)J. Anil/