In contractual payment disputes, the court's role is to direct the concerned administrative authorities to verify the factual existence of the work order, successful execution of work, and documentation of entitlement before the release of outstanding dues.

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Mr. C. Chakravarty, the learned counsel appearing on behalf of the Petitioner and Ms. B. Deka, the learned Standing counsel appearing on behalf of the Elementary Education Department. I have also heard Mr. B. Gogoi, the learned Standing Counsel appearing on behalf of the Finance Department.

2. The instant writ petition has been filed by the Petitioner challenging the non-payment of the contractual bill amounting to Rs. 5,75,484/- for the work awarded to him by the Respondent authorities, namely, the Director of Elementary Education, Assam, Kahilipara, Guwahati.

3. The Petitioner herein is a Class-I (A) contractor approved by the Department of PWD, Assam, engaged in construction works and supply of all types of materials to different Government Departments.

4. It is the case of the Petitioner that vide a work order dated 02.02.2017 issued by the Director, Elementary Education, Assam, the Petitioner was awarded a work for supply of materials as well as execution/repair and renovation of the Directorate of Elementary Education, Assam. Thereupon, the Petitioner has completed the work to the full satisfaction of the authority concerned and after completion of work, submitted the final bill, challan before the authority concerned on 10.03.2017.

5. The learned counsel for the Petitioner submitted that the Petitioner had also submitted a representation before the Respondent No.3 on 16.06.2017 to clear the outstanding dues amounting to Rs.5,75,484/-. However, no heed was paid to his request. It is under such circumstances, the Petitioner has approached this Court by filing the present writ petition.

6. Ms. B. Deka, the learned Standing Counsel, Elementary Education Department submitted that she has no instructions in the matter. However, the learned Standing counsel submitted that whether the Petitioner was issued a work order and the Petitioner completed the work for which he is entitled to any amount, the same would require necessary verification.

7. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner was issued the work order and had completed the above- mentioned work, the Petitioner would be entitled to the amount as per the terms of the contract. However, for the same, verification on the part of the Respondent Authorities would be required.

8. This Court, therefore, disposes of the instant writ petition with the following observations and directions:-

(i) The Respondent Authorities shall verify as to whether the Petitioner was issued the work order for the work i.e. “Supply of materials as well as execution/ repair & renovation of the Directorate of Elementary Education, Assam and thereupon whether the Petitioner had duly completed the work.

(ii) The Respondent Authorities shall also verify as to whether the Petitioner had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the Petitioner.

(iii) The Respondent Authorities shall also verify the entitlement of the Petitioner to the dues, and if upon verification in the manner stated above, it is found that the Petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioner.

(iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the Respondent No.2, (i.e. the Commissioner & Secretary to the Government of Assam, Elementary Education Department, Dispur, Guwahati.)