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Patna High Court

Dr. Prabhash KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court held that it would not entertain the writ applications and directed the petitioner to seek redress for the July payment by filing a representation before the SPMU.

Summary

The petitioner, a livelihood specialist, filed a writ petition seeking a mandamus directing the respondents to extend his service contract, alleging that similarly situated persons had their contracts extended, and also sought a certiorari to quash a letter dated 1‑August‑2016 which informed him that his contract would not be extended. He further claimed that he had not received payment for July 2016, which the letter indicated would be released by the State Project Manager Unit (SPMU). The court noted that the SPMU was not a party to the proceedings and therefore its direction in the letter could not be examined. Consequently, the court dismissed the writ applications and directed the petitioner to file a representation before the SPMU for the pending July payment, specifying timelines for decision and payment. The court clarified that it had not adjudicated the merits of the payment claim, leaving that to the concerned authority.

Issues considered

  • Whether the petitioner is entitled to an extension of his contract of service as a livelihood specialist.
  • Whether the communication dated 1‑August‑2016 denying contract extension can be quashed by a writ of certiorari.
  • Whether the petitioner is entitled to the payment for the month of July 2016.

Subjects

  • contract extension
  • writ of mandamus
  • writ of certiorari
  • payment of dues
  • administrative law
  • representation before authority
  • public authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1749 of 2017
                 ======================================================
                 Dr. Prabhash Kumar S/o Shri Bhola Prasad Yadav, R/o Village- Lalpatti, P.S.-
                 Triveniganj, PO- Baghla, District- Supaul.

                                                                                ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through, the Principal Secretary, Rural Development
                 Department, Government of Bihar, Patna.
           2.    The Director, Rural Development Department, Govt. of Bihar, Patna.
           3.    The Additional Secretary, Rural Development Deponent cum Chief
                 Executive Officer, Jeevika, Patna.
           4.    The State Project Managers and Project Managers, Patna.
           5.    The District Project Manager, Saharsa.
           6.    The Block Project Manager, Salkhua, Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar, Advocate
                                                  Mr. Pranav Kumar, Advocate
                 For the State            :       Mr. Rajan Prakash, AC to GA-2
                 For the Resp. No.3       :       Mr. Abhinav Shrivastava, Sr. Advocate
                                                  Mr. Akshat Kumar, Advocate
                                                  Mr. Pushkar Bhardwaj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   05-01-2026                   1. Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                 2. The petitioner has filed the instant application for

                   the following relief :-

                                                   “That is an application on behalf of
                                        petitioner for issuance of a writ of Mandamus
                                        directing the respondents to extend the contract
                                        of services of petitioner as Livelihood specialist
                                        (L.H.S) as the contract of similarly situated
                                        persons have been extended whereas the
Patna High Court CWJC No.1749 of 2017(5) dt.05-01-2026
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                             petitioner has been left out arbitrarily and
                             petitioner further prays for issuance of a writ of
                             certiorari for quashing of the communication
                             made by letter no. 149 dated 1.8.2016 by which
                             the petitioner has been informed that the
                             contract of service of petitioner is not being
                             extended any further and petitioner further prays
                             for issuance of any other wart/writs order/orders
                             direction/directions which the Hon’ble Cannot
                             may deem and fit and proper.”

                      3. At the outset, learned counsel for the petitioner

          referring to letter dated 1.8.2016 (Annexure-5) of the District

          Project Manager, District Project Co-ordination Unit, Saharsa

          submits that the petitioner is not pressing the relief prayed for in

          reference to the first part of the letter therein which states that

          the contract of the petitioner’s service is not being extended any

          further. Learned counsel however submits that the petitioner has

          not been given the payment for the month of July, 2016 which

          as per the said letter would be released as per the direction of

          State Project Manager Unit (SPMU).

                      4. In response, learned Senior counsel appearing for

          the respondent no.3 submits that SPMU not having been made

          party respondent herein, the direction of SPMU which is

          referred to in the letter dated 1.8.2016 is not known.

                      5. In view of the above, the instant application is
            Patna High Court CWJC No.1749 of 2017(5) dt.05-01-2026
                                                        3/3




                      disposed of directing the petitioner to file a representation

                      before the authority concerned of the SPMU for the grievances

                      of payment for the month of July, 2016.

                                  6. In case such a representation is filed within a period

                      of four weeks, the same shall be decided by the authority

                      concerned within a period of three months from the date of its

                      filing and the admitted amount shall be paid within the aforesaid

                      period.

                                  7. In case the amount sought for is not found payable,

                      a   communication          in    writing       giving   reasons   shall   be

                      communicated to the petitioner expeditiously.

                                  8. It is made clear that the Court has not entered into

                      the merits of the case with respect to payment of the amount

                      being claimed for for the month of July, 2016 by the petitioner

                      which is to be decided by the authority concerned.

                                  9. The application stands disposed of.



                                                         (Partha Sarthy, J)
avinash/-

U


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