Patna High Court
Birendra Prasad GuptaversusState of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- NANI TAGIA
Holding
The petitioner is entitled to receive the honorarium for the period of one year from March 2019, and the respondents are directed to pay the same.
Summary
The petitioner, a pharmacist, filed a writ petition seeking payment of honorarium for a one‑year extension of his contractual employment at Gardanibagh Hospital, Patna, as authorized by Memo No. 897/Establishment dated 05‑07‑2019. He submitted evidence of his joining on 08‑07‑2019 and attendance records showing continuous service until 31‑07‑2019. The State respondents did not file a counter‑affidavit, and the court applied the doctrine of non‑traverse, presuming the petitioner’s averments to be true. The memo authorizing the extension did not specify the amount of honorarium, and the petitioner did not claim a specific sum. The court held that, having established the petitioner’s service, there is no justification to deny payment of the honorarium he is entitled to, and directed the respondents to pay the appropriate amount within one month. The petition was disposed with this direction.
Issues considered
- Whether the petitioner is entitled to receive honorarium for the one‑year extension of his contractual employment as a pharmacist.
- Whether the State can deny payment in the absence of a specific amount being mentioned in the extension memo.
Subjects
- honorarium
- contract extension
- doctrine of non-traverse
- public servant
- writ petition
- payment of dues
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3381 of 2020
======================================================
Birendra Prasad Gupta son of Late Shital Prasad, resident of Flat No. - 104,
Orchid Residency, Near Ara Garden, Jagdeo Path, District- Patna (Bihar), PIN
- 800019.
... ... Petitioner/s
Versus
1. State of Bihar through District Magistrate cum chairman, District Selection
Committee, District Establishment Department, Patna.
2. Deputy Collector Establishment cum Member, District Selection Committee,
District Establishment Department, Patna.
3. Civil Surgeon cum Chief Medical Officer, Patna.
4. Deputy Superintendant, Gardanibagh Hospital, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhanshu Prakash, Advocate
For the Respondent/s : Mr. Braj Bhushan Mishra, AC to AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL ORDER
3 10-03-2026 Heard learned counsel for the parties.
2. This writ petition has been filed by the petitioner
seeking a direction to the respondent authorities to pay arrears
of monthly honorarium for the period of one year from March,
2019 in terms of Memo No. 897/Establishment, Patna
(Annexure-11) dated 05.07.2019, issued by the Deputy
Collector, Patna, whereby the petitioner’s services were
extended.
3. It is the case of the petitioner that the petitioner has
worked as Pharmacist at Gardanibagh Hospital, Patna in terms
of Memo No. 897/Establishment, Patna (Annexure-11) dated
Patna High Court CWJC No.3381 of 2020(3) dt.10-03-2026
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05.07.2019, issued by the Deputy Collector, Patna, whereby his
contract of employment as Pharmacist was extended for a
period of one year from March, 2019.
4. The petitioner in support of his case has stated thus
in paragraph nos. 17, 18 and 19 of the writ petition, which is
extracted hereinbelow:-
“17. That in pursuance of District Selection
Committee meeting held on 24/06/2019 under the
Chairmanship of District Magistrate- cum-
Chairman, District Selection Committee, Patna
recommended for extension of period of
employment of petitioner for 01 (one) year from the
ending of contractual employment date March 2019
by letter issued vide memo no. 897/Establishment,
Patna, dated 05/07/19 issued by Establishment
Deputy Collector, Patna. Petitioner's name appears
in the letter at Sl. No. 1 (Sri Birendra Prasad Gupta,
Pharmacist, Retired Contractual Re-appointed
Gardanibagh Hospital Patna).
18. That in compliance of letter issued vide memo
no. 897/Establishment, Patna, dated 05/07/19 issued
by Establishment Deputy Collector, Patna, the
petitioner submitted his joining on 08/07/19 at his
original place of joining, i.e., before In-charge
Medical Officer, 'New Gardanibagh Hospital Patna
06C.', later on the same day, i.e., on 08/07/19 the
petitioner submitted his joining at his working place,
i.e., before Deputy Superintendant, 'Gardanibagh
Hospital, Patna' and petitioner's joining was
accepted at 'Gardanibagh Hospital, Patna.
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19. That the petitioner was working at
Gardanibagh Hospital, Patna and an attendance
detail of petitioner from 08/07/19 to 31/07/19 was
issued vide letter no. 1758 / Patna dated 22/08/19 by
the Deputy Superintendant, Gardanibagh Hospital,
Patna showing that the petitioner never absented
from his duty.”
5. Perusal of the averments made in paragraph nos.
17, 18 and 19 of the writ petition, it appears that pursuant to
District Selection Committee meeting held on 24.06.2019 under
the Chairmanship of District Magistrate-cum-Chairman, District
Selection Committee, Patna, the petitioner’s services as
pharmacist was extended for a period of one year from March,
2019, vide Memo No. 897/Establishment, Patna (Annexure-11)
dated 05.07.2019, issued by the Deputy Collector, Patna, In
pursuance thereto, it appears that the petitioner joined at his
place of posting at Gardanibagh Hospital, Patna and attended his
duty as pharmacist, which has also been certified by the Deputy
Superintendent, Gardanibagh Hospital, Patna vide letter no.
1758/Patna dated 22.08.2019 (Annexure-13).
6. Though, this writ petition was filed in the year
2020, the respondent-State has not filed any counter affidavit
denying the contentions made by the petitioner in the writ
petition.
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7. Under the circumstances, since reasonable amount
of time (six years) has elapsed since filing of the writ petition in
the year 2020, it appears that the State respondents have nothing
to say in the case denying/controverting the contentions made
by the petitioner that the petitioner has worked as Pharmacist in
terms of Memo No. 897/Establishment, Patna (Annexure-11)
dated 05.07.2019, issued by the Deputy Collector, Patna, for
one year from March, 2019 at Gardanibagh Hospital.
8. Accordingly, averments made by the petitioner in
the writ petition, as extracted above, is presumed to be true by
invoking the doctrine of non-traverse.
9. The aforenoted Memo No. 897/Establishment,
Patna (Annexure-11), dated 05.07.2019, issued by the Deputy
Collector, Patna, does not indicate as to how much honorarium
the petitioner would be entitled to in a month or for the period
under mentioned.
10. In view of the above, if the petitioner has worked
as Pharmacist at the hospital for the period as discussed
hereinabove, there is no justifiable reason as to why honorarium
that may be entitled to the petitioner, should not be paid to him.
Since how much honorarium the petitioner is entitled to receive,
has not been indicated in Memo No. 897/Establishment, Patna
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(Annexure-11) dated 05.07.2019, issued by the Deputy
Collector, Patna, nor has the petitioner made any claim
specifying the exact amount of honorarium that he is entitled to,
this writ petition shall stand disposed off with a direction to the
respondent authorities to pay honorarium to the petitioner that
he may be entitled to, for one year from March, 2019 in terms of
Memo No. 897/Establishment, Patna (Annexure-11) dated
05.07.2019, issued by the Deputy Collector, Patna.
11. The payment as directed above, shall be made
within one month from the date of receipt/production of a copy
of this order.
(Nani Tagia, J)
Amrendra/-
U
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