IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20402 of 2013

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Ratan Kumar Singh Son Of Late Balmiki Prasad Singh Resident Of Mohalla -

Adarsh Nagar, Ward No. - 32, Near Laxminiya Chowk, Byepass Road,

District - Saharsa

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors

2.

The Principal Secretary, Planning, Development And Law Department,

Government Of Bihar, Patna

3.

The Project Director, Bihar Aapda Punarwas Avam Punarnirman Society,

Fourth Floor, Vishweswaraiya B

4.

The District Magistrate, Supaul

5.

The Additional Project Director, Bihar Aapda Punarwas Avam Punarnirman

Society, Fourth Floor, Vishw

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Gaurav Govind, Adv.

For the Respondent/s

:

Mr. Dhurjati Kr Prasad, GP 14

Mr. Md. Faiz Ahmed, AC to GP 14

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH

SHARMA

ORAL ORDER

2

23-01-2023

1. The petitioner by way of this writ petition assails the

action of the respondents in reducing the salary of the

contractual employee from Rs. 20,000 which was earlier

enhanced from Rs. 6,000, back to Rs. 6,000 again.

2. Learned counsel for the petitioner submits that the

petitioner was appointed as a Panchayat Engineer on a fixed pay

of Rs. 6,000 vide decision dated 04.09.2012. The Director of

B.A.P.P.S (Bihar Aapda Punarwas and Punarnirman Society)

informed that post of Koshi Gram Panchayat engineer would

Patna High Court CWJC No.20402 of 2013(2) dt.23-01-2023

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get an honorarium of Rs. 20,000 per month. Accordingly, the

petitioner was asked to work and was receiving the higher

honorarium from June 2011 up to February 2012 whereafter,

in March 2012 again his honorarium was reduced to 6,800 only.

Learned counsel for the petitioner submits that the petitioner’s

honorarium could not have been reduced and he is entitled to

receive the higher honorarium.

3. Learned counsel appearing for the respondents submits

that the B.A.P.P.S. is a society which is entitled to take its own

decisions with regard to remuneration and payment to

contractual employees. The contractual employment of the

petitioner after March 2012 was to be on honorarium of Rs.

6,800 alone which he accepted till he worked up to February

2013 whereafter, he has filed the present writ petition.

4. I have considered the submission, the terms of contract

have to be abided by both the parties. If the amount of

honorarium has been changed in the terms of the contract, it is

always open to a contracting party not to further continue with

such a contract. The petitioner has admittedly continued to

accept the reduced honorarium of Rs. 6,800 from March 2012

up to February 2013 without any demand and objection. In view

thereof, no claim for enhanced amount is made out as a person

Patna High Court CWJC No.20402 of 2013(2) dt.23-01-2023

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cannot not be allowed to approbate and reprobate at the same

time.

5. The writ petition is accordingly dismissed.

Suraj/-

Item No. 60

(Sanjeev Prakash Sharma, J)

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