The court directed the respondent authorities to verify the execution of contract work by the petitioner and, upon confirmation of entitlement, release the outstanding payment in accordance with the precedent set in Tamsher Ali and Others Vs. State of Assam.

ORDER

Heard Mr. D Chakraborty, the learned counsel appearing on behalf of the petitioner. Mr. B Gogoi, the learned Addl. AG, Assam appears on behalf of the PWD and Mr. R Talukdar, the learned Government Advocate, Assam appears on behalf of the State 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 an amount of Rs.2,84,499/-, to which the petitioner is entitled to upon execution of the contract work, ‘Repair/Renovation & Electrification of Office Building of District Employment Exchange, Silchar and Office of the Deputy Director of Employment, Southern Assam Zone, Silchar [Re-construction of Office Building] [Group No.-II] ‘.

3. It is the case of the petitioner that the petitioner had successfully executed the aforementioned contract work and accordingly submitted the outstanding bill amounting to Rs.2,84,499/-. The learned counsel for the petitioner submitted that the petitioner has made several representations before the respondent authorities seeking release of the said amount, however, the amount of Rs.2,84,499/- is still pending, for which the petitioner has approached this Court under Article 226 of the Constitution.

4. Mr. B Gogoi, the learned Addl.AG, Assam appearing on behalf of the PWD submits that as to whether the petitioner has executed the contract work 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.

5. 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 executed the contract work in accordance with the work order mentioned hereinabove and thereupon to ascertain the amount to which the petitioner is entitled to.

6. 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 7 to verify the entitlement of the petitioner on the basis of the work order which were issued in favour of the petitioner and as to whether the petitioner has successfully executed the contract 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.4 i.e. the Chief Engineer, PWD (Building), Assam, Guwahati and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

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