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2021 Supreme(Jhk) 435

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Anil Kumar – Petitioner
Versus
The State of Jharkhand – Respondent
W.P. (C) No. 486 of 2019
Decided On : 02-09-2021

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sumeet Gadodia, Mrs. Shilpi Sandil.
For the Respondent: Mr. K.K. Singh.

Headnote:

Jharkhand Public Works Department Code, 2012 - Registered contractor - Work of annual repair and maintenance of water supply - Payment - Petitioner is a registered contractor under Drinking Water and Sanitation Department, Government of Jharkhand and is primarily engaged in work of repair and maintenance under “Ghaghidih Jail Water Supply Scheme.” - Petitioner had executed work of annual repair and maintenance of water supply and annual establishment of Sewage Treatment Plant (STP) in Ghaghidih Jail and residential campus for financial years under direction of respondent nos. 2 and 6, however, till date payment of said work has not been released - Pursuant to representation dated filed by petitioner, respondent no. 2 vide order as contained in memo no. dated initiated process of obtaining administrative sanction as well as allotment of fund for said work – Held, Various letters of the respondent no. 2 would suggest that work was taken from petitioner on ground of urgency and thereafter required sanction for same was sought from the competent authority - Specific averment of respondent no. 2 made in paragraph 6 of supplementary counter affidavit dated is that fund for said work has been sent to him by respondent no. 6 after being allotted by respondent no. 5 which is still lying with the office of respondent no. 2 - In view of aforesaid fact, Court of view that petitioner’s claim for payment cannot be denied after getting the work executed by him on pretext of non-observance of provisions of Code, 2012 - Present writ petition is disposed of.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition is taken up today through Video Conferencing.

2. The present writ petition has been filed for issuance of direction upon the Executive Engineer, Drinking Water and Sanitation Division, Adityapur, Saraikella-Kharsawan, the respondent no. 2 to make payment of the admitted dues of Rs. 15,34,301.42/- and Rs. 19,22,680.69 and Rs. 20,95,264.07/- (total amounting to Rs. 55,52,246.18/-) for the financial years 2012-13, 2013-14 and 2014-15 respectively in respect of the annual repair and maintenance work carried out by the petitioner under “Ghaghidih Jail Water Supply Scheme.” Further prayer has been made for issuance of direction upon the respondent- authorities to make payment of interest at the rate of 18% per annum with effect from the date when the said total amount of Rs. 55,52,246.18/- had fallen due till the date of its actual payment to the petitioner.

3. The factual background of the case as stated in the present writ petition is that the petitioner is a registered contractor under the Drinking Water and Sanitation Department, Government of Jharkhand and is primarily engaged in the work of repair and maintenance under the “Ghaghidih Jail Water Supply Scheme.” The petitioner had executed the work of annual repair and maintenance of water supply and annual establishment of Sewage Treatment Plant (STP) in Ghaghidih Jail and residential campus for the financial years 2012-13 to 2014-15 under the direction of the respondent nos. 2 and 6, however, till date the payment of the said work has not been released. Pursuant to the representation dated 19th June, 2014 filed by the petitioner, the respondent no. 2 vide order as contained in memo no. 774 dated 11th July, 2014 initiated the process of obtaining administrative sanction as well as allotment of fund for the said work. The respondent no. 6 vide his letter no. 2349 dated 22nd August, 2015 informed the respondent no. 2 that the proposal was sent to the Directorate of Prison, the respondent no. 5 for grant of administrative sanction as well as allotment of fund and further requested to send a detailed report in respect of the expenses incurred for carrying out the work of annual repair and maintenance for financial years 2012-13 to 2014-15. Subsequently, the respondent no. 2 vide his letter as contained in memo No. 1345 dated 24th August, 2015 forwarded the details of the expenditure which were incurred towards annual repair and maintenance of water supply as also for annual establishment of STP for the financial years 2012-13 to 2014-15. Thereafter, the respondent no. 6 vide his letter dated 25th August, 2015, forwarded the aforesaid details of expenditure sent by the respondent no. 2 to the respondent no. 5 for grant of necessary administrative sanction and release of consequential fund. Finally, the necessary sanction and allotment of fund has been granted by the respondent no. 5 and even consequential fund has been released by the respondent no. 6 for payment of the completed work of said financial years but till date the payment has not been made to the petitioner by the respondent no. 2. The petitioner filed a complaint before the Chief Minister Jan Samvad Centre, Ranchi which was registered as Grievance No. 2018-494 OL/EAS/18-6, wherein the respondent no. 2 filed report admitting that the funds have been made available and the payment would be made in favour of the petitioner within ten days. However, till date the payment has not been made. Hence, the present writ petition.

4. The learned counsel for the petitioner submits that the respondents have admitted that the said work was undertaken in Central Jail, Ghaghidih and residential campus under the Ghagidih Jail Water Supply Scheme of Drinking Water and Sanitation Division, Adityapur for the financial years 2012-13 to 2014-15. The respondents have also admitted that pursuant to the administrative sanction granted by the respondent no. 5, necessary fund amounting to Rs. 5

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