Neutral Citation No. - 2025:AHC:31420-DB Court No. - 29 Case :- WRIT - C No. - 40455 of 2024 Petitioner :- Smt Surbhi Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Abhishek Mayank,Abhishek Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. 1. Following orders were passed in the matter on 10th February, 2025:- "Following orders were passed in the matter on 24.1.2025:- "Petitioner claims to be a family counsellor. It is asserted that she has been working as such for the last nearly five years but no amount towards honorarium has been paid to her. Attention of the Court has been invited to communication sent by the District Magistrate- Saharanpur to the Principal Secretary Law dated 04.12.2021, wherein guidance has been sought by the Law Secretary with regard to rate at which such payment is required to be made. It is submitted that this letter has not been responded and as a consequence petitioner has been denied any payment though, she has been working for the last five years. In the facts of the case, we direct learned Standing Counsel to obtain instructions in the matter from Principal Secretary law as well as District Magistrate- Saharanpur, as to why no amount towards honorarium has been paid to the petitioner. Put up as fresh once again on 10.02.2025." Despite grant of opportunity, instructions have been received only from the District Magistrate, Saharanpur, which supports the petitioner's contention, according to which recommendation is pending at the level of State Government for determination of rate at which honorarium is to be paid. Funds have also not been released. Once the engagement of petitioner is undisputed and her working for the last 5 years is also acknowledged, we fail to understand as to why the State Government has not determined the rate of honorarium payable to petitioner and the amount due and payable has not been released. In the facts of the case, we direct the Principal Secretary (Law), State of U.P. to file his personal affidavit clearly stating as to why the rate has not been approved and the amount has not been released to petitioner. The Secretary shall also intimate as to why personal responsibility of the erring officer be not fixed in the matter. List again, as fresh, on 25.2.2025" 2. An affidavit of Law Secretary has been filed, according to which the engagement of Counsellor was made pursuant to the direction issued by the Hon'ble Committee constituted by this Court for sensitization of family Court matter. Pursuant to such direction issued by the Committee, counsellor has been appointed in family Court and engagement and working of the petitioner for the last five years is not in dispute. 3. Learned Chief Standing Counsel, however, has invited attention of the Court to Rule 28 of U.P. Family Court Rules, 1995, which reads as under:- "28. Panel of Exerts-The Judge shall prepare a panel of medical and other experts in consultation with the principal Counsellor or Counsellor, as the case may be, and the experts shall be entitled to such fees and expenses out of the revenues of the Government as may be determined by the Judge of the Court having due regard to the status, expertise and the professional loss, etc. of the expert giving evidence or opinion before the Court" 4. It is stated that the State Government shall provide funds as per the rates determined for payment to the Counsellor by the concerned Judge. 5. It transpires that engagement of Counsellor is under the direction of Hon'ble Committee of this Court for sensitization of family Court's matters. We are, therefore, of the considered opinion that it would be appropriate to request the Hon'ble Committee constituted for sensitization of family Court matter to issue necessary guidelines for determination of amount of honorarium payable to Counsellor so that the concerned Presiding Judge could then make recommendation for such payment in terms of Rule 28. The State Government otherwise undertakes to provide budgetary support for that purpose. 6. In that view of the matter, we direct the Registrar General of this Court to place this order before the Hon'ble Committee constituted for sensitization of family court matters so that the concerned Hon'ble Committee may examine the issue and necessary guidelines be issued for payment of honorarium amount to the Counsellors. Based upon such guidelines, the concerned family court Judge will make necessary recommendation for payment of honorarium amount at the earliest possible. The State Government shall ensure release of such honorarium to the petitioner. 7. Accordingly the writ petition stands disposed of. 8. The concerned Family Court Judge shall act in terms of Rules 28 of 1995 Rules and release the honorarium amount to the petitioner in terms of guidelines issued by the Hon'ble Committee without further loss of time. Order Date :- 5.3.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad