Contractual compliance verification is essential for ensuring timely payment to contractors, as established in Article 226 of the Constitution.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. M. A. Choudhury, the learned counsel appearing on behalf of the Petitioner and Mr. B. Choudhury, the learned counsel appearing on behalf of the Respondents.

2. The case of the Petitioner herein is that the Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the amount to which the Petitioner is entitled to upon completion of the contractual works.

3. The Petitioner herein is the partner of M/s Bijulee Ghar (registered firm) and a Government registered Class-I contractor under the PWD (Electrical) Assam.

4. The case of the Petitioner herein is that the Respondent No.6 had issued a work order bearing No. CS-22/SE/EL/2015-2016/3248 dated 31.12.2015 in favour of the Petitioner for “Construction of Circle Office building including civil, sanitary, water supply, electrification, brick boundary wall with iron gate and pucca approach road in respect of Circle Officer, Algapur Revenue Circle under Hailakandi District (providing external electrification).

5. It is the case of the Petitioner that, as per the terms and conditions of the work order, he completed the specified works, and the same were duly checked and verified. In that regard, a work completion certificate was also issued in favour of the Petitioner by the Executive Engineer, PWD, Guwahati Electrical Division. Thereafter, the Petitioner submitted the bill amounting to Rs. 7,15,152/-. The learned counsel for the Petitioner submitted that the Petitioner has made several representations before the Respondent authorities for release of the said amount; however, the amount of Rs. 7,15,152/- is still pending for which the Petitioner has approached this Court under Article 226 of the Constitution.

6. Mr. B. Choudhury, the learned Standing counsel appearing on behalf of the PWD submits that as to whether the Petitioner has completed the works in terms with the work order in question is a subject matter of verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the Petitioner could be ascertained.

7. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has completed the works in accordance with the work order dated 31.12.2015 and thereupon to ascertain the exact amount to which the Petitioner is entitled to, if any.

8. It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities more particularly the Respondent Nos. 2, 4, 5, 6 and 9 to verify the entitlement of the Petitioner on the basis of the work order which was issued in favour of the Petitioner and as to whether the Petitioner has completed the work in question and thereupon, after verification if it is found that the Petitioner is entitled to any amount, the same should be paid to the Petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the Respondent No.2 and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

9. With above observations and directions, the instant writ petition stands disposed of.