INDRADEO SINGH SEVA SANSTHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) It appears from the pleadings on record that the State of Bihar has, in policy, decided to outsource certain services for maintenance and functioning of the hospitals in the State e.g. sanitation cleaning, lighting and laundry. The petitioner asserts that it is a registered welfare society and the work for sanitation of hospitals, namely, Sadar Hospital, Bhabhua, Referral Hospital Mohania, Referral Hospital, Ramgarh, Referral Hospital, Aghaura, Primary Health Centres at Bhabhua, Chainpur, Chand, Kudra, Durgavati, Rampur, Bhagwanpur, Nuwao all in the District of Kaimur (Bhabhua) was outsourced to it after a notice inviting tender, pursuant to which it had participated amongst others and had become a success.

(2.) The work order was issued on 2/9/2020. The agreement was subsequently signed between the Society and the Civil Surgeon-cum-Secretary, District Health Society (DHS for short). Indisputably, the term of agreement was for one year. It was, however, provided in the agreement that in case of satisfactory performance of work, the District Magistrate-cum- Chairman, DHS could extend the period of contract for a maximum period of three years, on recommendation of the Secretary, DHS, Kaimur.

(3.) It is the petitioner's case that its performance was found to be satisfactory, in support whereof certificates were issued by the concerned authorities from time to time. However, ignoring the clause in the agreement which required extension of the term of contract for a period of three years, respondents have come out with a notice dtd. 1/10/2021 uploaded on web portal of the DHS, Kaimur on 6/10/2021 for the work which the petitioner has satisfactorily executed in the hospitals, primary health centers, noted above.