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2023 Supreme(Online)(KER) 23872

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (KERALA)
– Appellant
Versus

BOBAN VARKEY – Respondent


Advocates:
GOVERNMENT PLEADER, SRI.K.R.SUNIL, SC, CO-OP. EMP. PENSION BOARD, NIDHIN RAJ VETTIKKADAN, P.R.AJITH KUMAR, C.S.AJITH PRAKASH(K/162/1991), K. R. SUNIL, DANIC ANTONY(K/480/2022), KRISHNA SURESH(K/000727/2021), SHAJAHAN SR. GP

J U D G M E N T

[WA Nos.1651/2022, 1792/2022]

A. Muhamed Mustaque, J The short point in the appeal filed by the State is whether a contractor who supplied materials under Mahatma Gandhi National Rural Employment Guarentee Scheme (MGNREG) for rain water harvesting is entitled for Bill for the supply of materials.

2. The learned Single Judge found that he is entitled and ordered the payment of the Bill for the materials supplied. The State has come up with an appeal stating that the contractor, who supplied the materials, cannot be given the amount as the Panchayat, who is the executing authority, had not uploaded the details of the unskilled labourers engaged in the muster roll. The muster roll is available online. It is submitted that without the details of the unskilled labourers, the material component details cannot be uploaded. The Panchayat submits that the material supplied component cannot be entered for the reason that pursuant to the decision of the Central Government, no work could be awarded to install rain harvesting scheme in private residence. Therefore, the Panchayat was not in a position to enter the details of the unskilled labourers.

3. Admittedly, pursuant to the no

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