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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 25TH DAY OF JANUARY 2022/5TH MAGHA, 1943 WP(C) NO. 184 OF 2022 PETITIONERS:
1 A.M.PAREETH RAWTHER, AGED 66 YEARS, S/O MUSTAFFA, ARYAPPILLIYIL HOUSE, PERUMBALLOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673.
2 FAIZAL K.P., AGED 34 YEARS, S/O A.M.PAREETH RAWTHER, KUTTIPARICHAYIL HOUSE, PERUMBALLOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT-686 673.
3 K.K.ISMAIL, AGED 62 YEARS, S/O KUNJUMON, NIRAPPEL HOUSE, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 669.
BY ADVS.
C.H.ABDUL RASAC ABDUL RAOOF PALLIPATH K.R.AVINASH RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM- 695 001.
2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE BUILDING, THIRUVANATHAPURAM-695 033.
3 THE SUPERINTENDING ENGINEER, PWD ROADS & BRIDGES, CENTRAL CIRCLE, ALUVA, PIN-683 101.
4 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MUVATTUPUZHA, ERNAKULAN DISTRICT, PIN -686 673.
5 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, MUVATTUPUZHA, ERNAKULAN DISTRICT, PIN -686 673.
BY SMT.PARVATHY KOTTOL, G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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 the learned counsel for the petitioners and the learned Government Pleader representing the respondents.
5. The question whether price difference in respect of bitumen can be realised from the contractors in view of various Government Orders passed, was considered by this Court. This Court in the judgment in WP(C) No.22964/2021 and connected cases declared that Exts.P19 and P20 Government Orders therein are applicable only to ongoing contract works as on 01.11.2018. The claim of the petitioners is also liable to be considered in the light of the said judgment.
In the circumstances of the case, the writ petition is disposed of declaring that the benefit of the judgment delivered by this Court in WP(C) No.22964/2021 dated 11.11.2021 would enure to the benefit of the petitioners herein also, if the petitioners satisfy conditions stipulated therein.
Sd/-
N. NAGARESH JUDGE
APPENDIX OF WP(C) 184/2022 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF FORMAT OF NOTICE INVITING TENDER.
Exhibit P2 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 63/EE/2019-20 DATED
28.02.2020.
Exhibit P3 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 11/EE/2020-21 DATED
01.07.2020.
Exhibit P4 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 49/EE/2019-20 DATED
07.12.2019.
Exhibit P5 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 24/AEE/2019-20 DATED
12.12.2019.
Exhibit P6 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 28/AEE/2019-20 DATED
12.12.2019.
Exhibit P7 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 32/AEE/2019-20 DATED
13.12.2019 Exhibit P8 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 29/AEE/2020-21 DATED
22.09.2020.
Exhibit P9 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 15/AEE/2020-21 DATED
22.07.2020.
Exhibit P10 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 23/AEE/2019-20 DATED
12.12.2019.
Exhibit P11 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 47/AEE/2019-20 DATED
07.03.2020.
Exhibit P12 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 25/AEE/2019-20 DATED
12.12.2019.
Exhibit P13 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 22/AEE/2019-20 DATED
11.12.2019.
Exhibit P14 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 35/AEE/2019-20 DATED
05.02.2020.
Exhibit P15 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 21/AEE/2019-20 .
Exhibit P16 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 12/EE/2020-21 DATED
01.07.2020.
Exhibit P17 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 15/AEE/2019-20 DATED
02.12.2019.
Exhibit P18 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 12/AEE/2020-21 DATED
22.07.2020.
Exhibit P19 TRUE COPY OF THE G.O.
(RT)NO.9386/2018/FIN DATED 13.11.2018.
Exhibit P20 TRUE COPY OF THE G.O.
(RT)NO.3815/2021/FIN DATED 3
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