ORDER :

Heard

1. The case of the petitioner is that pursuant to NIT dated 01.05.2017, the petitioner participated and the tender was accepted on 05.07.2017 wherein the work order was issued on 18.09.2017 and as per the work order, the date of completion period was 18 months.

2. Learned counsel for the petitioner would submit that the petitioner completed his job much before the prescribed period of 18 months i.e. on 17.03.2019 and the work was executed on 12.11.2018. He would submit that since the agreement contains the clause of incentive bonus as per clause 5.3, in case the work is completed before the target date then the contractor would be entitled for incentive bonus from 0.25% (zero point two five percent) to 5% (five percent). It is further submitted that the note appended to would show that the contractor has to give an undertaking in writing that he has “WAIVED” all his RIGHT to claim/demand extension of time. It is further submitted that the petitioner sent a communication on 05.11.2018 which was posted on 26.12.2018 (Annexure P-7) which was much before the completion time period of 17.03.2019. However, the claim for bonus was denied for the reason that the undertaking was