The entitlement of contractors to claim benefits under specific Government Orders is determined by the conditions and categories of contractors eligible for the benefits as specified in the orders.

JUDGMENT :

The petitioners in these cases are contractors who have entered into contracts with the Public Works Department (PWD)of the Government of Kerala, qua road work involving bitumen.

2. The petitioners assert that as per four Government Orders, namely, the ones dated 13.11.2018, 17.04.2020, 25.09.2020 and 30.04.2021, certain specific benefits were given to all the contractors, which enabled them to claim the difference of the cost of bitumen between the date of the Agreement and the date of invoice; and that though the Authorities had granted such benefits to various others, they have been singled out and discriminated, in being denied it.

3. Smt. R. Ranjanie – learned counsel appearing for the petitioners in WP(C) No.32096/2022, assertively argued that the flow of benefit from the afore four Government Orders clearly was available to her client - whose Agreement was entered into on 17.11.2022, which is evident from Exts.P8, P13, P15 and P16 - but that it has not been afforded to him, though; through the subsequent Government Order dated 26.08.2022, the Government made it clear that the payment of the price difference, as ordered in the aforementioned four Government Orders, would stand withdrawn with retrospective effect, but for all future tenders alone. She, therefore argued that her client is entitled to claim the benefits, as admitted in Ext.P8; and thus, prayed that the respondents be directed to disburse the amount mentioned therein without any avoidable delay.

4. Sri. R.T. Pradeep, Sri. Abdul Rasac and the learned counsel appearing for petitioners in WP(C) Nos.32568/2023 and 25233/2022 also made analogous assertions, contending that their clients are also entitled to the benefit of the difference of cost of bitumen, under the aforementioned four Government Orders. They also, therefore, prayed that the reliefs sought for in their respective writ petition be granted.

5. However, in response, Sri. K.V. Manojkumar – learned Government Pleader, submitted that the petitioners cannot impel any claim, as has been done in these cases at this time because, in the judgment delivered in M/s Malabar Tech v. State of Kerala [WP(C) No.22964/2021], a learned Judge of this Court has made it indubitably limpid that the benefits of the aforementioned Government Orders are intended only for those contractors who were continuing with their work as on 01.11.2018. He submitted that, when the said declaration remains without modification, or without challenge, it would not be available to the petitioners to argue to the contrary and to claim such benefit, even when they admit unequivocally that none of their works contracted were continuing as on 01.11.2018; especially when, even the tendering processes, based on which such contracts were given, were much after that date. He, therefore, prayed that these writ petitions be dismissed.

6. Though I have been parsimonious to some extent in recording the pleaded factual details and the submissions made on behalf of the parties, I have indited the essential aspects projected in these cases.

7. As noticed, the controversy in these cases has its genesis in an admitted price escalation of bitumen, which was noticed by the Government in the year, 2018, which lead them to issue the aforementioned order, one after the other.

8. For the sake of convenience, except otherwise specified, exhibits will be referred to in the judgment as they appear in WP(C) No.25233/2022.

9. When one examines the first of the Government Orders referred to and relied upon by the petitioners, namely that dated 13.11.2018 – produced as Ext.P1 - the Government allowed the benefit therein to the contractors because, the price of bitumen, as on April, 2018 was found to have increased by 33% and therefore, it was clarified that the price difference of bitumen on the date of closing of the tenders and the date of invoice – specifying such invoice date to be on or after 01.11.2018 – will be paid to the contractor, on production of the ori