IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8028 of 2008 ARUN KUMAR, S/O BASUDEO YADAV, RESIDENT OF VILLAGE-PAPREWA, P.S. KATORIA, DISTRICT-BANKA ….. PETITIONER. Versus 1. THE STATE OF BIHAR through the Commissioner-cum-Secretary, Human Resources Development Department, Govt of Bihar, Patna 2. The District Magistrate, Banka. 3. The Regional Deputy Director, Education, Bhagalpur. 4. The District Superintendent of Education, Banka. 5. The Block Development Officer, Katoria, District-Banka. 6. The Block Education Extention Officer, Katoria, District-Banka. 7. The Panchayat Secretary, Gram Panchayat –Harhara, Block- Katoriya, District- Banka. 8. Smt. Sail Suta, W/o Gangu Yadav, at present- Mukhiya, Gram Panchayat –Harhara, Block-Katoriya, District- Banka. 9. Maheshwar Kumar, S/o not known, Ex-Headmaster, Middle School, Kumratari, Anchal- Katoriya, Banka. ……….. Respondents. ----------- 4. 21.01.2010 Heard the counsel for the petitioner and the counsel appearing for the state. This application was filed by the petitioner for directing the District Superintendent of Education, Banka, Panchayat Secretary and Mukhiya of Gram Panchayat Raj, Harhara, Block- Katoriya, Mr. Maheshwar Kumar, Headmaster of Kumratari Middle School, Anchal-Katoriya, District-Banka for making payment of honorarium to the petitioner, for the period 07.07.2005 to 30.06.2006 and salary for the period 01.07.2006 till date. Petitioner was initially selected as Panchayat Shikcha Mitra on 02.08.2003. On successful completion of his first term of 11 months, he was given extension for second term of 11 months. The second term was completed on 30.06.2005 and third 2 extension was given to him for 11 months. Petitioner was absorbed on the post of Panchayat Teacher under the provisions of rule 20(iii) of Bihar Panchayat Teachers (Appointment & Service Conditions) Rule w.e.f. 01.07.2006. Petitioner was paid his honorarium for the first and second term, but for the third term, i.e. 07.07.2005 to 30.06.2006, he was not paid his honorarium. Since the date of his absorption, his salary had also not been paid to him. In this regard, he made several representations before the concerned respondents but no payment was made despite the fact that the District Magistrate, Banka vide Memo No. 1765 dated 11.12.2007 directed the District Superintendent of Education, Banka and the Block Development Officer, Katoria to inquire into the grievance of the petitioner. A direction was also issued to ensure appropriate action in this regard. Finally, the petitioner came before this court and filed present writ application. This matter was taken up for admission for the first time on 11.01.2010. A direction was issued for personal appearance of District Superintendent of Education, and Panchayat Secretary, Gram Panchayat Raj-Harhara finding that the District Magistrate had issued a direction in December, 2007 itself for making payment but even after two years, no payment had been made. The Panchayat Secretary of Gram Panchayat Raj-Harhara, Block- Katoriya and the District Superintendent of Education, Banka appeared before the court in person. Two counter affidavits- one, on behalf of the Panchayat 3 Secretary and another on behalf of the District Superintendent of Education, Banka, have been filed. In the counter affidavit, filed by Panchayat Secretary, it is stated that on receipt of letter No. 1886 dated 28.10.2009 written by District Superintendent of Education, Banka, for filing counter affidavit immediately he searched for the relevant record of the petitioner, issued notice to the members of the Panchayat Niyojan Samiti for convening a meeting. Then he came to know that Mukhiya and Panchayat Secretary had earlier written a letter bearing No. 23 dated 16.10.2007 to Block Development Officer seeking for guideline regarding stoppage of salary of the petitioner as the petitioner was present for duty only till 27.7.2005. In between 27.07.2005 and March, 2007, he remained absent from his duty. In order to establish his claim for honorarium in the records, he submitted his absentee records with the forged signature of the then, in-charge, headmaster. There is an admission in paragraph-4 of the counter affidavit filed by the Panchayat Secretary that only after receiving the letter of the District Superintendent of Education, they started taking action in this regard. The District Superintendent of Education had received a letter sent from the Government Pleaders’ office for filing a counter affidavit which was received by him on 26.10.2009 and thereafter, on 28.10.2009. The District Superintendent of Education, Banka had written a letter to the Panchayat Secretary. The meeting of Niyojan Samiti convened on 26.11.2009 and therein, it is mentioned that the petitioner had not attended his duty 4 from July, 2005 to March, 2007. He had forged the signature of the headmaster and also enhanced threat to the headmaster. Prior to that, no proceeding was recorded in this regard neither the District Superintendent of Education, was earlier informed regarding the alleged forgery committed by the petitioner. In the counter affidavit filed by the District Superintendent of Education, Banka same statement has been made regarding absence of the petitioner from school, during July, 2005 to March, 2007. However, it is stated that Rs 84,000/- has been sanctioned by the Block Education Extension Officer, towards the salary of the petitioner for the period April, 2008 to December, 2009. It is also stated that the salary of the petitioner for the period April, 2007 to March, 2008 has been paid. On perusal of the concerned register of the Gram Panchayat Raj-Harhara, Block-Katoria, it is apparent that the proceeding dated 26.11.2009 has been written only after receiving the letter of District Superintendent of Education. The proceeding has been created just to meet the lapses on the part of the Panchayat Secretary, Mukhiya because this is the case of the petitioner that despite the fact that salary of the petitioner had been received by the Panchayat Secretary, for some unknown reason, it was not released in favour of the petitioner while similarly situated other teachers were paid their salary. In case the petitioner remained absent from July, 2005 to March, 2007 which is the period when the petitioner was still working as Panchayat Shikcha 5 Mitra, it cannot be presumed that he would have been absorbed on the post of Panchayat Teacher on 01.07.2006. In case, it was a fact that he remained absent, then this matter should have been brought to the notice of the concerned authority by the Panchayat Secretary, Mukhiya of the concerned Gram Panchayat and headmaster of the concerned school that was also not done. These facts show that just to create evidence and just to cover lapses on their part, the respondent-authorities have manufactured all these documents which cannot be believed. As such, the respondents are directed to pay honorarium to the petitioner from July, 2005 to 30.06.2006 and also salary from 01.07.2006 to March, 2007. The payment must be made within four weeks from the date of production/communication of this order. The register and Proceeding Book of Gram Panchayat Raj – Harhara is handed over to Mr. Siddharth Prasad, A.C. to AAG-IX for handing it over to the Panchayat Secretary. This writ application is, accordingly, allowed. AKV/ (Mridula Mishra, J.)