JUDGMENT : Sujit Narayan Prasad, J. With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality. 2. The instant intra-court appeal is under Clause 10 of Letters Patent directed against the order/judgment dated 05.07.2018 passed by learned Single Judge of this Court in W.P.(S) No. 3754 of 2017 whereby and whereunder the learned Single Judge has declined to interfere with the decision of the Director, Ranchi Institute of Neuro-Psychiatry & Allied Sciences (in short RINPAS) in making payment of Rs.10,000/- per month honorarium, which, according to the petitioner, is contrary to the decision of the authority as contained in Resolution No.2452/F dated 26.11.2011 and Resolution No. 1243/F dated 28.04.2016 which have been approved by the Management Committee, RINPAS. 3. The brief facts of the case which are required to be enumerated read as under : - The writ petitioner of W.P.(S) No. 3754 of 2017 was appointed as Staff Nurse Grade “A” vide Notification No.1719(6) dated 28.10.1968 issued under the signature of Director-in-Chief, Health Service, Government of Bihar and subsequently transferred to RINPAS, Kanke, Ranchi vide order as contained in Memo No.141 dated 07.03.1980 and since then working regularly with RINPAS, Ranchi. She retired from service on 31.01.2014 and thereafter she was engaged on contract basis with effect from 07.05.2014 by the Management of RINPAS. It is the case of the writ petitioner that at the time of appointment there was no rule in RINPAS regarding remuneration to be paid to the contractual appointment and as such, decision was taken to follow the rules and regulations framed by the Government of Jharkhand making it applicable to the RINPAS, Kanke, Ranchi. The service conditions of the employees working under the State of Jharkhand has also been made applicable to the employees of RINPAS including employees working on deputation in pursuance to the notification dated 15.03.2005 issued by the Department of Health, Medical Education and Family Welfare, Government of Jharkhand. Again resolution was issued by the Department of Finance, Government of Jharkhand vide Resolution No. 2452/F dated 26.11.2011 pertaining to the monthly payable honorarium and other amount. Subsequently, vide Resolution No. 1243/F dated 28.04.2016 has been issued wherein honorarium @ Rs.25,000/- per month has been prescribed for such employees retired from the pay scale of Rs.4200/-, Rs. Again resolution was issued by the Department of Finance, Government of Jharkhand vide Resolution No. 2452/F dated 26.11.2011 pertaining to the monthly payable honorarium and other amount. Subsequently, vide Resolution No. 1243/F dated 28.04.2016 has been issued wherein honorarium @ Rs.25,000/- per month has been prescribed for such employees retired from the pay scale of Rs.4200/-, Rs. 4600/-, Rs.4800/- and Rs.5400/- in PB-II and re-employed on contract basis. In view of the aforesaid resolution of the State of Jharkhand, the Management Committee of RINPAS took a decision for payment of honorarium to the Staff Nurse Grade “A” @ Rs.25,000/- per month. The aforesaid decision was taken on 20.07.2016 on the representation of the writ petitioner. The Director, RINPAS, issued a notification for implementation of the decision of the Management Committee regarding payment of the said honorarium to the Staff Nurse Grade “A” which was issued by the Director vide his order dated 31.03.2017 as contained in Memo No. 908 with the stipulation that Grade “A” Nurses are entitled for honorarium as decided by the Management Committee in its meeting held on 20.07.2016 from 31.03.2017. The grievance of the writ petitioner was that the honorarium of Rs.25,000/- per month should have been paid from the date of decision of the Management Committee or from the date of resolution of the State Government and as such, she filed representation for redressal of the aforesaid grievance but having no decision, the writ petitioner has approached to this Court by filing writ petition under Article 226 of the Constitution of India. The writ court has passed the order after hearing the learned counsel for the parties by not interfering with the decision of the Director implementing the honorarium @ Rs.25,000/- per month with effect from 31.03.2017 against which the present intra-court appeal has been filed. 4. Mr. Deepak Kumar Prasad, learned counsel appearing for the writ petitioner/appellant, has argued that the appellant is entitled for honorarium from the date of resolution of the State Government or in alternative from the date of decision taken by the Management Committee. He further submits that the action of the Respondent – Director is not tenable in the eyes of law on the ground that the Director is not the competent authority to take a decision regarding implementation of the order of the Management Committee. According to him, the same has to be approved by the Management Committee. He further submits that the action of the Respondent – Director is not tenable in the eyes of law on the ground that the Director is not the competent authority to take a decision regarding implementation of the order of the Management Committee. According to him, the same has to be approved by the Management Committee. No date was fixed in the decision of the Management Committee as from when it was to be implemented and in absence of any specific date the same ought to have been implemented from the date of resolution or from the date of decision of the Management Committee. 5. Dr. Ashok Kumar Singh, learned counsel appearing for the respondent RINPAS opposes the contention of the learned counsel appearing for the appellant by making submission that RINPAS is an autonomous body and as such, the decision of the State Government is not binding upon RINPAS since RINPAS has its own regulations and on the basis of its regulations, any decision has to be taken and to be implemented. It has been submitted that the Management Committee of RINPAS took a decision in view of the resolution of the State Government for making payment of honorarium @ Rs.25,000/- per month to the Staff Nurses and the said resolution has been implemented with effect from 31.03.2017 and hence the said decision suffers from no illegality and in that view of the matter, the writ petitioner/appellant cannot claim the arrears of the honorarium form the date of decision of the Management Committee. It has further been submitted that the writ petitioner/appellant has been appointed on contractual basis after retirement in RINPAS, Ranchi vide Memo dated 07.05.2014. An office order bearing No. 908 dated 31.03.2017 was issued stipulating therein the condition that the nurses, who are engaged in contractual basis after retirement, shall be paid honorarium as per the instruction contained in Planning-cum-Finance Department Resolution No. 1243 dated 28.04.2016 and as such, there is no illegality or infirmity in the order of the Director and therefore, the order passed by the learned Single Judge requires no interference by this Court. 6. We have heard the learned counsel for the parties, perused the documents available on record as also the finding recorded by the learned Single Judge. 6. We have heard the learned counsel for the parties, perused the documents available on record as also the finding recorded by the learned Single Judge. Before proceeding to decide the issue, this Court deems it fit and proper to reflect few admitted facts which are necessary for proper adjudication of the lis. The writ petitioner/appellant has been appointed on contractual basis vide Memo dated 07.05.2014. The State of Jharkhand through Health, Medical Education and Family Welfare Department has come out with a notification on 15.03.2005 in terms of an order passed by the Hon'ble Apex Court in Civil Writ Petition No. 339 of 1986 (Rakesh Chandra Narayan v. Government of Bihar and Others) by taking a decision that the service conditions applicable to the employees of the State of Jharkhand will be applicable for the employees of the RINPAS. The Planning-cum-Finance Department (Financial) has come out with another circular on 28.04.2016 issuing the guidelines for determination of honorarium/remuneration for retired contractual employees who have been engaged after retirement whereby and whereunder the decision has been taken to pay honorarium per month based upon the pay band and pay scale which is being referred hereunder as :- Sr. No. Pay Band & Pay Scale at the time of retirement GP Fixed Honorarium per Month 1. PB-I, 5200-20200 1800 1900 2000 2400 2800 Rs.20000 2. PB-II, 9300-34800 4200 4600 4800 5400 Rs.25000 3. PB-III, 15600-39100 5400 6600 7600 Rs.35000 4. PB-IV, 37400-67000 8700 8900 10000 Rs.45000 5. HAG 67000-79000 Rs.55000 6. Apex Scale = 80000 Rs.65000 The Management Committee of the RINPAS, in pursuance to the enhancement in the honorarium by the State of Jharkhand to be paid in favour of the contractual appointees who have been appointed on contract basis on superannuation, has convened a meeting on 20th July, 2016 by way of 54th Management Committee Meeting of RINPAS taking therein decision on several agendas one of which was salary of the Nurses working on contractual basis after retirement. The Management Committee took a decision to make payment to the Nurses as per RIMS pattern. The aforesaid decision was taken on 20th July, 2016 but the same was implemented in respect of the writ petitioner/appellant by the Director vide office order No. 609 dated 03.03.2017 to be paid @ Rs.25,000/- per month with effect from the month of March, 2017. The aforesaid decision was taken on 20th July, 2016 but the same was implemented in respect of the writ petitioner/appellant by the Director vide office order No. 609 dated 03.03.2017 to be paid @ Rs.25,000/- per month with effect from the month of March, 2017. The writ petitioner/appellant, being aggrieved with the decision of the Director dated 03.03.2017 by which honorarium has been decided to be paid from the month of March, 2017, has represented to the authority requesting therein to at least pay the honorarium at the enhanced rate from the date of decision of the Management Committee dated 20th July, 2016 as because when the Managing Committee has decided to extend the benefit of enhanced honorarium @ Rs.25000/- per month vide its 54th Meeting of the RINPAS held on 20.07.2016, there was no occasion for the Director to keep the said decision pending without implementing it immediately but the Director even though he was one of the Member of the Managing Committee, implemented the said decision after lapse of about ten months and hence, the writ petitioner/appellant is entitled to get the benefit of arrears of difference of honorarium, i.e., from the date of decision of the Management Committee. According to writ petitioner/appellant, the Management Committee is the supreme body to take any decision and the Director being the Chief Executive Officer and has been held accountable to the Management Committee and the Health Secretary of the Government of Jharkhand and, therefore, he was duty bound to implement the decision of the Management Committee immediately after 20th July, 2016 but the decision of enhancement of honorarium has been implemented with effect from March, 2017 which is contrary, illegal and improper and hence the writ petitioner/appellant is entitled to get the benefit of enhanced honorarium from the date of decision by the Management Committee. 7. Dr. 7. Dr. Ashok Kumar Singh, learned counsel appearing for the RINPAS, has submitted that in the decision of the Management Committee there was no direction for its implementation with specific date, rather as would appear from the decision that the honorarium has been enhanced on the pattern of the RIMS and, therefore, the Director, on consideration of the said report, has implemented the same from March, 2017 and hence, the writ petitioner/appellant has been held entitled to get the benefit of enhanced honorarium on or after March, 2017 and, therefore, there is no illegality in the said decision. 8. We, in order to appreciate the aforesaid argument advanced on behalf of the parties, had directed the learned counsel appearing for the RINPAS to bring on record the Rules and Regulations of the RINPAS. We have gone through the same and found therefrom that by the order of the Governor of Bihar, Department of Health, Medical Education and Family Welfare, Government of Bihar vide its letter No. 356(21) dated 19.01.1998 has changed the name of Ranchi Mansik Arogyashala (RMA) to Ranchi Institute of Neuro-Psychiatry & Allied Sciences (RINPAS). The aforesaid Rule has been called as the Ranchi Mansik Arogyashala Rules, 1994. Under Rule 4, the reference of Management Committee has been made as because the RMA being the autonomous institution, its management has been decided to be vested in the Management Committee consisting of the following members :- (i) Divisional Commissioner South Chotanagpur Chairman (ii) Secretary Deptt. of Health, Family Welfare, Medical Education & Research, Govt. of Jharkhand, Ranchi Member (iii) Secretary Deptt. of Health & Family Welfare Govt. of Bihar, Patna Member (iv) Deputy Commissioner, Ranchi Member (v) Senior S.P., Ranchi Member (vi) Director RMCH (Now RIMS), Bariatu, Ranchi Member (vii) The Vice Chancellor Ranchi University, Ranchi Member (viii) The Vice Chancellor B.A.U., Kanke, Ranchi Member (ix) Non official member (Female) Member (x) Director, RINPAS Member Secretary The Management Committee has been conferred with the full administrative and financial power in respect of all the affairs of RMA and may delegate any of its powers to the Chairman, the Sub-Committees, the Director and other officers. For ready reference the powers and functions of the Management Committee are being reflected as under :- “4. For ready reference the powers and functions of the Management Committee are being reflected as under :- “4. Management Committee (1) … … … (2) The Management Committee shall have full administrative and financial power in respect of all the affairs of RMA and may delegate any of its powers to the Chairman, the Sub-Committees, the Director and other officers. (3) The nominated members of the Committee shall have a term of three years and shall be eligible for re-nomination and shall continue until successors are nominated. (4) The Management Committee shall meet at least once in six months and more often if necessary. (5) Two weeks notice alongwith a list of items to be discussed shall be given to the members for every meeting. (6) An emergency meeting of the Committee may be convened under the orders of its Chairman by giving 72 hours notices to the members, for considering specified item(s). (7) The Director shall maintain the record of the proceedings of the Committee in a register authenticated by him. The proceedings of the meeting, duly approved at the subsequent meeting of the Committee, shall be signed by the Chairman or the person presiding over the meeting. (8) In the absence of the Chairman at any meeting, the members may elect anyone from amongst themselves to preside over the meeting. (9) A copy of the proceedings of every meeting shall be endorsed to all the member. (10) The Committee may constitute the following Sub-Committee and prescribe their functions and rule of procedure by framing bye-laws : (a) Finance and Accounts Sub-Committee (b) Purchase Sub-Committee (c) Rehabilitation Sub-Committee (d) Welfare Sub-Committee (e) Selection Sub-Committees for different Groups / Categories of posts. (f) Works Sub-Committee (g) Medical Sub-Committee (h) Departmental Promotion Sub-Committee (i) Academic Sub-Committee (j) Ethical Sub-Committee (k) Medical Education Sub-Committee (11) The Committee may set up adhoc Sub-Committees for specific purposes with specific terms of reference and tenure. (12) Every Sub-Committee shall have a Chairman, who would invariably be a member of the Committee. The total number of members of any Sub-Committee shall not exceed five. (13) Quorum for the meetings of the Committee and any Sub-Committee shall be four and two respectively. (14) All the employees of the institute will be civil servants of Govt. (12) Every Sub-Committee shall have a Chairman, who would invariably be a member of the Committee. The total number of members of any Sub-Committee shall not exceed five. (13) Quorum for the meetings of the Committee and any Sub-Committee shall be four and two respectively. (14) All the employees of the institute will be civil servants of Govt. of Jharkhand.” The reference of Director has been stipulated under Rule 5 who has been made as the Chief Executive Officer of the RMA and shall be appointed by the Health Secretary, Government of Jharkhand being the Head of Department and shall exercise the administrative and financial powers of a State level Head of Department with a further power to exercise such additional administrative and financial powers as may be delegated to him by the Management Committee. The Director shall be held accountable to the Management Committee and the Health Secretary, Government of Jharkhand. The power and functions of the Director, for ready reference, is being referred as under :- “5. Director (1) The Director shall be the Chief Executive Officer of RMA and shall be appointed by the Health Secretary, Government of Jharkhand. (2) The Director shall be the Head of Department and shall exercise the administrative and financial powers of a State level Head of Department. (3) The Director shall exercise such additional administrative and financial powers as may be delegated to him by the Management Committee. (4) The Director shall be held accountable to the Management Committee and the Health Secretary, Government of Jharkhand. (5) The Director shall place the annual report and audit of accounts of the RMA before the Management Committee and after approval by the Management Committee shall forward these to the Health Secretary, Government of Jharkhand before the end of December, following the financial year for which the report and audited accounts are being submitted, for being placed before the Legislative Assembly of Jharkhand. (6) The Director shall have the powers in the discharge of his functions, to obtain part-time expert service of professional for advice or action in carrying out activities to achieve the objective of RMA.” It is evident from the power conferred upon the Management Committee vis-à-vis the Director that the RINPAS being an autonomous body is to govern by the decision to be taken by the Management Committee and the Director has been made Member Secretary / Chief Executive Officer, meaning thereby, the Director has been made to be an executing officer of the decision which is taken by the Management Committee. It clarifies that the Management Committee is the apex body to take any decision and the Director in the capacity of Chief Executive Officer is supposed to execute the decision taken by the Management Committee. 9. It is in the pretext of the aforesaid bye-laws, the contention has been raised by the learned counsel appearing for the writ petitioner/appellant that once the Management Committee has taken decision for enhancing the honorarium @ Rs.25000/- per month vide its decision dated 20.07.2016, it was not proper on the part of the Director, RINPAS to implement the said decision with effect from March, 2017. We have already referred hereinabove the powers of the Management Committee which, as per Rules referred hereinabove, is the apex body to take decision and once the decision has been taken by the Management Committee on 20.07.2016, there was no occasion for the Director to keep the said decision pending save and except on the basis of any decision of the Management Committee with respect to implementation of the said decision. 10. The admitted fact herein is that the Notification dated 15.03.2005 has already been notified way back in the year 2005 to the effect that the service conditions of the employees working under the State of Jharkhand will be made applicable to the employees of RINPAS and taking into consideration the aforesaid aspect of the matter, the Management Committee has taken a conscious decision in its 54th Meeting held on 20.07.2016 for enhancing the quantum of remuneration @ Rs.25000/- per month making it at par with the contractual employees working in RIMS. We have gone through the said decision and have not found anywhere the date for its implementation, meaning thereby, when the Management Committee of RINPAS, being the apex body, has taken a decision to pay honorarium to the employees of RINPAS at par with the employees of RIMS, it was the bounden duty of the Director, RINPAS in the capacity of Chief Executive Officer to forthwith implement it. He cannot be allowed to deviate from the decision taken by the Management Committee since his capacity under the Ranchi Mansik Arogyashala Rules, 1994 is of Chief Executive Officer, meaning thereby, he has to execute every decision taken by the Management Committee. The entitlement of the writ petitioner/appellant of enhanced remuneration @ Rs.25000/- has been accepted by the Management Committee with effect from 20.07.2016 and there was no reason for the Director, RINPAS not to implement it immediately thereafter. 11. The learned Single Judge ought to have appreciated all these aspects of the matter with respect to the implication of the statutory rules of the year 1994 vis-à-vis the parity in pay scale of the contractual employees engaged in RIMS and in RINPAS. Learned Single Judge has further failed to appreciate the fact that the RINPAS in the capacity of autonomous body, is governed by the statutory rules made in the year 1994 and the Management Committee has been conferred with all the powers to take all such decisions and once the decision has been taken for enhancing the quantum of remuneration to the extent of Rs.25,000/- per month, the same in no way be allowed to be deviated by the Director otherwise, if the decision of the Director to implement the decision of the Management Committee pertaining to the enhancement of quantum of remuneration @ Rs. 25000/- per month with effect from March, 2017 would be accepted, it would amount to sitting over upon the decision of the Management Committee, which cannot be allowed. Further, if it will be allowed, the decision of the Director would be contrary to the statutory provision as contained in Ranchi Mansik Arogyashala Rules, 1994 since the Management Committee has been made apex body for administrative and financial matters of RINPAS for which the Director has been made Chief Executive Officer and it is settled that the Chief Executive Officer is the executing authority of the taken by the Management Committee. 12. 12. In view thereof and in entirety of the facts and circumstances, we are of the considered view that the order passed by the learned Single Judge cannot be allowed to be sustained. 13. Accordingly, the order passed by the learned Single Judge is quashed and set aside. 14. The instant appeal is allowed and in consequence thereof, the writ petition also stands allowed. 15. The respondents are directed to disburse the arrears of difference of remuneration with effect from 20.07.2016 to the writ petitioner/appellant to be paid within a period of eight weeks from the date of receipt of copy of the order. 16. The instant appeal is disposed of with the aforesaid directions. Ravi Ranjan, J. - I agree.