[Cites 0, Cited by 0]
Patna High Court
Om Sai Services vs The State Of Bihar on 20 January, 2026
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.813 of 2025
In
Civil Writ Jurisdiction Case No.17191 of 2023
======================================================
Om Sai Services through its Proprietor namely Shyam Babu Giri, Male, aged
about 42 years, Son of Om Prakash Giri, Office Address- Sarswati Nagar,
Barwat Pasrain, Bettiah, West Champaran, Bihar- 845438, Resident at present
Gahiri Kothi, Ward No.3, Victoria Mission, P.S- Gahiri, Victoria Mission,
District- West Champaran, Bihar- 845459.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Govt. of Bihar, Patna.
2. The Principal Secretary, Health Department, Govt. of Bihar, Patna.
3. The Principal, Rajkiya Medical College, West Champaran, at Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs.Muskan Singh, Advocate
For the Respondent/s : Mr. S.D. Yadav, AAG-9
Mr. Anil Kr. Verma, AC to AAG-9
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 20-01-2026
This Letters Patent Appeal has been filed by the appellant
Om Sai Services, challenging the judgment dated 26.03.2025,
passed by the learned Single Judge in CWJC No. 17191 of
2023.
2. The writ petition was filed by the petitioner seeking the
following reliefs:-
"1. i. For issuance of writ in the nature of
mandamus directing and commanding upon the
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
2/10
respondent authorities for making payment of
Rs. 27,56,500/- for sanitization of medical
college campus like Principal Office, Residence,
different department and hostels which was done
by the petitioner's firm.
ii. For issuance of writ in the nature of
mandamus directing and commanding upon the
respondents to consider the claim and grievance
of the petitioner as petitioner has completed all
the work of sanitization as directed by the
Principal, Medical College, Bettiah at West
Champaran vide Memo No.-990 dated
12.05.2020
."
3. After issuance of notice, counter affidavit has been filed
by the respondent no. 3, relevant paragraphs whereof are
reproduced hereinbelow:-
"6. That pursuant to aforesaid, a meeting was
held, presided by the Principal, Bettiah Medical
College on 27.04.2020 in presence of all the
Head of Departments and in the said meeting an
unanimous decision has been taken for
sanitizing office, different ward and hostel of
departments, Medical College, Bettiah through
1000 liters chemical at the rate of 7450/-on
Monday, Wednesday by way of one vehicle and
a further decision has been taken that a work
order can be issued with regard to aforesaid and
the order will be effective only till lock down.
7. That pursuant to the aforesaid, vide Memo
No. 990 dated 12.05.2020 issued under the
signature of Principal, Medical College, Bettiah
work order has been issued favour of the
petitioner for sanitization of office, different
departments, ward and hostel of Medical
College, Bettiah through 1000 liters chemical at
the rate of 7450/-on Monday, Wednesday by way
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
of one vehicle.
8. That the petitioner submitted the bill charging
Rs. 14,900/- per day for sanitization since as per
petitioner he performed the sanitization by using
two vehicles between 13.05.2020 to 31.08.2020
which is against the mandate of the work order.
As per work order the sanitization work was to
be performed by one vehicle on each Monday
and Wednesday till the period of lockdown.
9. That after the end of first lockdown in the
year 2020 no fresh work order was issued in
favour of the petitioner and the petitioner
without any formal order by competent authority
claimed to have performed the sanitization work
by one vehicle between 01.03.2021 to
29.07.2021.
10. That despite being not paid for sanitization
work between the period 13.05.2020 to
31.08.2020, the petitioner claimed to have
performed the sanitization work by one vehicle
between the period 01.03.2021 to 29.07.2021
though the special fund amounting to Rs.
4,83,20,790/-was available with the Principal,
Medical College, Bettiah on 29.03.2021 which
has been provided by the Health Department
vide Letter No. 172 dated 20.07.2020, Letter No.
369 dated 24.12.2020, Letter No. 26 dated
23.02.2021 and Letter No. 800 dated 15.03.2021
specially to dispense in controlling the COVID-
19 pandemic.
11. The petitioner never raised a claim before
the then Principal, Medical College, Bettiah and
the then Principal, Medical College, Bettiah
was transferred on 21.09.2021 by the
department and as such it is apparent that the
petitioner has not raised any voucher during the
tenure of the then Principal, Medical College,
Bettiah.
12. That the Health Department, Govt. of Bihar
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
vide Letter No. 43 dated 13.01.2022 directed the
Principal, Medical College, Bettiah to submit
DC Bill and accordingly directed to refund the
unused amount of the fund allotted for
controlling COVID-19 and the same was
refunded through Bank Draft dated 30.08.2023.
13. That the petitioner is entitled for payment of
only such amount for sanitization of office,
different departments, ward and hostel of
Medical College, Bettiah for the period of
lockdown for one vehicle for each Monday and
Wednesday in a week in terms of work order.
14. That the respondent will calculate the
admitted dues and send a requisition to the
department to provide allotment for payment of
admitted dues."
4. A rejoinder affidavit has been filed wherein stand has
been taken, relevant paragraphs whereof are as follows:-
"6. That though the statement made in paragraph
No. 7 of the Counter Affidavit under reply is matter
of record but it is humbly submitted that the work
order did not reflect that it has been made effected
only till lockdown in the year 2020. It is further
submitted that no such condition was laid down in
the work order and even the petitioner has not
orally / written directed to stop the sanitizing work,
hence, in ignorance of the decision of the meeting
dated 27.04.2020 which has never been
communicated to the petitioner, the petitioner
bonafidely continued the work of sanitization.
7. That with regard to the statement made in
paragraph No. 8 of the Counter Affidavit, it is
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
humbly submitted that the bills presented by the
petitioner was duly signed by the BURSAR of
Government Medical College, Bettiah as stipulated
in the work order as such the respondent cannot
deny the due payment to the petitioner on the
ground that the petitioner has processed the
sanitization work by two vehicles which is not
stipulated in the work order.
8. That with regard to the statement made in
paragraph No. 9 of the Counter Affidavit, it is
humbly submitted that since no period was
specified in the work order and the work order was
never been cancelled as such the petitioner
continued the sanitization work for the period
between 01.03.2021 to 29.07.2021."
9. That with regard to the statement made in
paragraph no. 10 of the counter affidavit, it is
humbly submitted that the petitioner was assured
that his payment was in active consideration as
such the petitioner continued to confirm
sanitization work. So far the fund which has been
made available by the Health Department to the
Medical College, Bettiah, it is humbly submitted
that the petitioner has no concern with the
aforesaid fund since it is between the department
and the authorities of Medical College, Bettiah.
10. That with regard to the statement made in
paragraph no. 11 of the Counter Affidavit, it is
humbly submitted that the petitioner has not raised
the bills after much unexplained delay. The bills
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
submitted by the petitioner were duly authenticated
by the BURSAR of Government Medical College,
Bettiah which was a condition precedent for
making payment as such the respondents cannot be
allowed to get advantage of delay of few months in
submitting the bills."
5. A supplementary counter affidavit was also filed by the
respondent no. 3, relevant paragraphs whereof are reproduced
hereinbelow:-
"5. That prior to provide the calculation of due
admitted it is humbly submitted that work order
contained in Memo No. 990 dated 12.05.2020
stipulate that the petitioner has to submit three
copies of bill in the office BURSAR accounts
section and it has not been stated that the bill
only signed by BURSAR will be accepted. The bill
submitted by the petitioner didn't contain the
signature of Bill Clerk and Accountant as such in
absence of their signature the bills which only
contains the signature of BURSAR is not
acceptable.
6. That in the meeting of teacher council dated
27.04.2020 a unanimous decision has been taken
that the work of sanitization will be effective only
till lockdown and surprisingly the petitioner in
absence of any fresh work order has performed
the work of sanitization for the period 01.03.2021
to 29.07.2021.
7. That it is also humbly submitted that the
petitioner has not raised any bill in the year 2020
and 2021 though the allotment was there and
surprisingly making payment to his employees.
8. That the Principal Government Medical
College, Bettiah requested the District Magistrate,
West Champaran to provide the actual date of
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
revocation of lockdown in Bettiah and the
response is still waited.
9. That the admissible amount to be paid to the
petitioner is as follows:
May 2020 = 05 days
June 2020= 09 days
July 2020= 09 days
August 2020=09 days
Total: = 32 days
Hence the admitted due amount is 7,450x32 =2,38,400/-."
6. The learned Single Judge vide impugned judgment dated
26.03.2025 passed in CWJC No. 17191 of 2023 has been
pleased to hold as follows:-
"6. A perusal of the documents filed by both the
petitioner as well as the respondents reveal that the
petitioner has been entrusted the work of
sanitization for the entire office, hostels, corridors,
wards of Government Medical Medical College,
Bettiah, West Champaran and to this effect an
order vide Memo No. 990 dated 12.05.2020 was
issued. As per the terms and conditions of the said
work order, the petitioner was directed to deploy
one vehicle on Monday and one vehicle on
Wednesday and he was directed to spray 1000 litres
of chemical and medicine and the amount payable
to the petitioner was fixed at Rs. 7450/-. There is no
denial by the respondents that the petitioner has
not done the work nor there is any complaint that
the quality of the work done was poor, the only
contentious issue between the parties is that the
petitioner has deployed two vehicles for the period
13.05.2020 to 31.08.2020 and also during the
second phase of Covid-19 Pandemic from
01.03.2021 to 29.07.2021 without there being any
work order issued for the second phase of Covid-19
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
Pandemic.
7. A perusal of the documents reveal that the work
order issued in favour of the petitioner was to
deploy only one vehicle on Monday and
Wednesday, the order is not clear as to whether the
same is confined only to the first phase of Covid-19
Pandemic or not. There is no denying the fact that
the petitioner has deployed two vehicles for the
second phase of Covid-19 Pandemic. It is highly
unlikely that the entire staff of the GMC, Bettiah,
West Champaran right from the ward boy to the
concerned superintendent of the hospital have kept
quite when the above work of sanitization was
being undertaken by the petitioner and there is no
whisper or protest by any of the authorities of the
GMC, Bettiah, West Champaran when the work
was being undertaken by the petitioner herein
during the second phase of Covid-19 Pandemic, the
authorities having availed the services of the
petitioner cannot now deny the payments to the
petitioner. Furthermore, it is to be noted that the
second phase of Covid-19 Pandemic was more
severe than the first phase of Covid-19 Pandemic
and therefore, the contention taken by the
authorities that they did not issue any work in
favour of the petitioner for the second phase of
counseling is not correct.
8. Having regard to the fact that the work order
issued to the petitioner is very clear and the
petitioner was asked to deploy only one vehicle on
Monday and Wednesday, this Court is of the
opinion that the ends of justice would be met if a
direction is given to the competent authority to
calculate the amount payable for one vehicle for
the period 13.05.2020 to 31.08.2020 and also for
the period of 01.03.2021 till 29.07.2021 by fixing a
time frame. Accordingly, there shall be a direction
to the respondent No. 03 to calculate the amount
payable to the petitioner for one vehicle for the
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
period 13.05.2020 to 31.08.2020 and also
01.03.2021 to 29.07.2021 and pay the same as
expeditiously as possible preferably within a period
of eight weeks from the date of receipt of a copy of
this order."
7. The main contention raised by the learned counsel for the
appellant by referring to Annexure-P/1 to this Letters Patent
Appeal is that the work which was entrusted to the appellant
could not have been done by utilizing one vehicle and since it
was during COVID pandemic period, therefore the petitioner
utilized two vehicles for performing the work, and therefore the
prayer of the petitioner is genuine and the authorities should not
have refused the petitioner to make payment for the work of
sanitization of the medical college campus like Principal Office,
residence, different departments and hostels etc. which was run
by the petitioner's firm.
8. The learned counsel appearing for the State, however
submits that the Government is ready and willing to make
payment for the work done by the petitioner but there is nothing
either in the work order or anywhere to show that two vehicles
have been utilized by the petitioner's firm to carry out the work
and moreover, it is basically a money claim and when disputed
question of facts are involved, the petitioner is not entitled to get
any relief in this Letters Patent Appeal. There is no dispute that
Patna High Court L.P.A No.813 of 2025 dt.20-01-2026
the Letters Patent Appeal is normally an intra-Court Appeal
whereunder the Letters Patent Bench, sitting as a Court of
Correction, corrects its own orders in exercise of the same
jurisdiction as are vested in the Single Bench. In such appellate
jurisdiction, the High Court exercises the power of correction of
error and the Division Bench in Letters Patent Appeal should
not disturb the finding of fact arrived at by the learned Single
Judge unless it is shown to be based on no evidence, perverse,
palpably unreasonable or inconsistent with any particular
position in law. This scope of interference is within a narrow
en-compass and we are of the view, after going through the
impugned judgment that the appellant has not made out any case
to show that the impugned judgment suffers from any perversity
or illegality, and therefore, the same cannot be interfered with in
this Letters Patent Appeal.
9. Accordingly, the Letters Patent Appeal stands dismissed.
(Sangam Kumar Sahoo, CJ)
(Mohit Kumar Shah, J)
S.Sb/Ajay-
AFR/NAFR
CAV DATE N/A
Uploading Date 21.01.2026
Transmission Date N/A
