Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties. Petitioner is one of the four Cluster Resource Persons under Block Education Extension Officer, Sonahatu (Respondent No. 5) on whom show -cause notices were issued vide Annexure -1 bearing memo No. JEP 1189 dated 20.10.2008 that they are not discharging their duties in a responsible manner and other three persons except the petitioner have remained absent on certain dates on which meeting were called by the Respondent No. 5. It indicates that no work would be taken from them till considered decision is taken after receiving their reply to the show -cause.
(2.) In the petitioner's earlier writ petition WPC No. 4765/2010 seeking payment of honorarium on grounds that even after order dated 20.10.2008 and submission of his reply on 31.10.2008 he was asked to resume work from 5.12.2008 verbally, the District Superintendent of Education. Ranchi -cum -District Programme Officer (Respondent No. 4) herein was directed to take a decision in accordance with law after giving opportunity of hearing to the petitioner (Annexure -8). The order passed thereafter by the Respondent No. 4 at Annexure -9 indicates that on production of acquaintance roll of the attendance of the petitioner from April 2008 to August 2009. Respondent No. 4 directed payment of admissible honorarium from April 2008 onwards for the period of work discharged by the petitioner, as per rules, to the Respondent No. 5. Petitioner was thereafter paid honorarium only till 20.10.2008. His claim for further honorarium was declined by the impugned letter No. 599 dated 28.6.2011 by the Respondent No. 4 on the grounds that after 20.10.2008 (Annexure -1), there was no direction to the block office to take work from the petitioner; petitioner did not have permission from any authority to discharge work thereafter. This order at Annexure -14 is under challenge by the petitioner in the writ application apart from seeking direction to make payment of honorarium since October 2008 and also to issue formal orders for resumption of work as a Cluster Resource Person in the school under Sonahatu block.
(3.) Respondents in their counter affidavit have also taken the same plea that 20.10.2008 was the cut -off date whereafter, no one issued formal orders for taking work from the petitioner: no competent authority also issued formal orders for taking work from the petitioner: petitioner cannot have the valid claim for payment thereafter as he has also not submitted any proof of discharge of work after 20.10.2008, nor any oral order was given to the petitioner: he has been paid a sum of Rs. 23,700/ - as reported by the Respondent No. 5 through letter dated 21.6.2011 for [he period he worked from April 2008 to 20.10.2008.;