JUDGMENT

Dated this the 25th day of January, 2022 The petitioners, who are Government Contractors, are before this Court seeking to declare that Ext.P20 order cannot have any retrospective effect. The petitioners seek to direct the respondents not to recover any amounts from the bill of the petitioners for the work already executed before Ext.P20 order.

2. The petitioners state that they have undertaken certain works on behalf of respondents 4 and 5. Nowhere in the tender condition, it is stated that the price difference of the bitumen will be recovered from the bills of the petitioners. There is no adjustment clause in the tender conditions. The PWD Manual, 2012 also specifically states that the accepted rates shall remain firm during the contract period.

3. The Government issued Ext.P20 Order. As per Ext.P20, the respondents amended Ext.P19 G.O., enabling recovery of price difference of the bitumen from the bills of the petitioners. Such an amendment as per Ext.P20 was made only on 30.04.2021. On the basis of Ext.P20, amounts are sought to be recovered from the petitioners. The petitioners therefore seek to declare that Ext.P20 cannot have any retrospective effect.

4. I have heard th