IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2017 of 2008 1. Brajesh Kumar Jha Son Nirbhay Narayan Jha, resident of Village & P.O. Parsarma, P.S. Supaul, District Supaul. 2. Hardeo Roy, Son of Late Ram Kishun Roy, resident of Village & P.O. Parsarma, P.S. Supaul, District Supaul……………..……..Petitioners Versus 1. The Union of India through Ministry of Social and Welfare Department, Central Govt. of India. 2. The State of Bihar, through the Secretary, Welfare Department, Govt. of Bihar, Patna. 3. The District Magistrate, Supaul. 4. The District Education Officer, Supaul. 5. The Block Education Officer, Supaul. 6. The Headmaster, Rajkiya Kanya Madhya Vidyalaya, Parsarma, P.S. & District Supaul. 7. The Secretary, Rajkiya Kanya Madhya Vidyalaya, Parsarma, P.S. & District Supaul……………………………………………………..………..Respondents ----------- 3 28.06.2011 Heard learned counsel for the petitioners as well as learned counsel for the State Petitioners were appointed as Cooks to prepare meal under the Mid Day Meal Scheme introduced by the State Government in terms of the policy decision of the Central Government under National Programme of Nutritional Support at the level of Primary Education. The budget and grant were to be provided by the Central Government in this regard. Expenditure norms have been prepared for payment of wages to the cook at certain rate per 2 child. A plan annexed with the supplementary affidavit filed today for the year 2007-2008 shows that wage was fixed at the rate Rs.0.50 per child per day for the cooks for preparing the meal. Petitioners were appointed as Cooks in 2005 under Scheme of 2005. Their case is that they have continued to work as Cooks since then. However, their grievance is that they are not being paid wages as per rate fixed and only ad hoc payments have been released. Their prayer is that they should be paid wages as per plan laid down by the Central Government in this regard for the relevant period. The writ application was filed on 24.01.2008 with service of two copies thereof in the office of the learned Advocate General. However, till today no counter affidavit has been filed. Learned counsel for the State submits that if the Central plan provides for payment of wages to the cooks engaged under the Scheme, surely petitioners will also be entitled for the same in accordance with the Scheme if they have continued as 3 such. In the circumstances, the writ application is disposed of with a direction to the concerned respondent to make enquiry as to whether petitioners have continued to work as Cooks under Mid Day Meal Scheme, and whether they have been paid wages in terms of the Scheme laid down by the Central Government. If it was found that the same has not been paid, the concerned respondent will be obliged to take steps and ensure that petitioners are paid their dues in accordance with the plan of the Central Government, positively within a period of three months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)