IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.623 of 2011 In (CIVIL WRIT JURISDICTION CASE 8272/2008) Aradhna Kumari, Daughter of late Tej Narayan Roy, resident of village – Banaily, PS Kasba District Purnia ......Appellant Versus 1. The State Of Bihar through Principal Secretary, Human Resources Development department , New Secretariat, Patna 2. The District Magistrate, Purnia 3. The Block Development Officer, Kasba Block, PS Kasba District Purnia 4. The District Superintendent of Education, Purnia 5. The Block Education Extension Officer, Kasba Block, District Purnia 6. The Mukhiya Banaily Gram Panchayat, Kasba Block, District Purnia 7. The Panchayat Secretary, Banaily Gram Panchayat, Kasba Block, District Purnia 8. Rumana Khatoon, Daughter of Md. Wazid Ali, wife of Abuzar Gaffari, resident of village Banaily Banka, PO Sadhovely PS Kasba District Purnia .......Respondents ---------------------------------- 4 28-09-2011 Heard the parties. The writ petition preferred by the appellant has been dismissed by the order under appeal dated 8-3-2011. The writ court considered the impugned order of the District Magistrate, Purnia passed on the orders and directions of this court in an earlier writ petition and has found no good material to interfere with the views expressed by the District Magistrate after proper enquiry that appellant’s appointment was by manipulation and another candidate having better marks and above her in the panel ought to have been appointed. 2 In the facts of the case, we find no good reasons to interfere with the order of the writ court on merit. However, it appears that the District Magistrate has also directed for recovery of salary paid to the appellant for the period she was working on the post of Shiksha Mitra. Since the post of Shiksha Mitra was, at the relevant time, filled up only on contractual basis and the appellant worked on account of orders issued by the Mukhiya and other competent authorities, in our view, equity does not warrant realization of honorarium already paid to her for her work. Only to that extent, the order of the District Magistrate dated 9-5-2008 is modified. The order under appeal passed by the writ court shall also stand modified to that extent. The appeal is disposed of. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)