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Patna High Court

Satyendra Kumar SharmaversusThe State Of Bihar and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition was dismissed for non‑prosecution.

Summary

Petitioner Satyendra Kumar Sharma filed a writ petition seeking a mandamus directing the Bihar State AIDS Control Society officials to renew his contract service beyond 31 July 2011 and to pay him the honorarium and arrears due from August 2011 onward. The respondents were the State of Bihar and senior officials of the AIDS Control Society. No counsel appeared on behalf of the petitioner, and the petitioner himself did not appear on the hearing date of 5‑1‑2026. The court noted the lack of prosecution and dismissed the petition for non‑prosecution. Consequently, no relief was granted and the petition was disposed of.

Issues considered

  • Whether the court can issue a mandamus directing renewal of a contract service beyond the stipulated date
  • Whether the petitioner is entitled to honorarium and arrears for the period after the contract expiry

Subjects

  • contract extension
  • mandamus
  • non‑prosecution
  • honorarium
  • public health department
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1621 of 2017
                 ======================================================
                 Satyendra Kumar Sharma Son of Sri Ramjanam Sharma, resident of village -
                 Madhuka, P.O. Sahajitpur, P.S. Baniyapur, Distt. - Saran

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar, through the Principal Secretary, Health Department,
                 Government of Bihar, Patna.
           2.    The Project Director, Bihar State Aids Control Society (Health Department
                 Govt. of Bihar), Sheikhpura, Patna.
           3.    The Deputy Director (VCTC), Bihar State AIDS Control Society, Health
                 Department, Govt. of Bihar, Sheikhpura, Patna.
           4.    The Additional Project Director, Bihar State Aids Control Society, State
                 Health and Family Planning Sansthan, Sheikhpura, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       None
                 For the State           :       Mr. Rajeshwar Singh, G.A.10
                                                 Mr. Jitendra Kumar, A.C. to G.A.10
                 For the Respondent nos.2 to 4 : Mr. Sanjiv Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

8   06-01-2026                   No one appears for the petitioner. Learned counsel for

                   the respondents are present.

                                 2. The petitioner has filed the instant application for

                   the following relief(s):

                                             “(i)   For   issuance    of   an appropriate
                                 writ(s)/order (s)/directions in the nature of mandamus
                                 directing to the respondents to renew/extend the period
                                 of contract service in respect of the petitioner by setting
                                 aside the order dated 25.7.2011 vide letter no. 724,
                                 passed by the Additional Project director Bihar State
                                 Aids Control Society, Sheikhpura, Patna saying that
                                 after decision of performance appraisal committee, the
            Patna High Court CWJC No.1621 of 2017(8) dt.06-01-2026
                                                        2/2




                                   extension of contract service of the petitioner will not
                                   extend after 31.7.2011.
                                                (ii)     For         issuance     of       further
                                   order(s)/writ(s)/directions         to   the        respondents
                                   authorities to the effect that consequent upon the above
                                   mention renewal of contract period, the petitioner
                                   should be paid the honorarium as per their entitlement
                                   and the arrears which has accrued to the petitioner
                                   pending dues with increments and from August 2011 to
                                   onwards till date.
                                                (iii) For issuance of any other relief/reliefs
                                   to which the petitioner may be found entitled to.”
                                  3. No one appeared for the petitioner on 5.1.2026

                      also.

                                  4. The case is dismissed for non-prosecution.



                                                  (Partha Sarthy, J)
Saurabh/-

U


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