Authorities cannot deny financial incentives for early contract completion by citing their own failure to meet mandatory internal reporting deadlines. The principle that no party can benefit from their own wrong prevents shifting the consequences of administrative negligence upon a diligent performing party.

ORDER

01. 1. The petitioner being emerged successful in connection with the tender call notice dated 25th November, 2021 invited by the Chief Construction Engineer, Rural Works Circle, Balasore-opposite party no.3, an agreement bearing No.96/P-1 of 2021-22 has been executed on 29th December, 2021 indicating date of commencement of work as 29th December, 2021 with stipulation as to completion on 28th November, 2021. The petitioner completed the work in all respect on 24th June, 2022, which was intimated to the Superintending Engineer, Rural Works Division, Bhadrak on 28th June, 2022. By letter dated 29th June, 2022, the Superintending Engineer, Rural Works Division, Bhadrak communicated the fact of completion of work in all respect on 24th June, 2022, which is six month five days before the stipulated date of completion as per agreement to the Superintending Engineer, Rural Works Division, Bhadrak.

1.1. The Chief Construction Engineer, Rural Works Circle, Balasore issued Letter No.3435, dated 16th August, 2023 addressed to the Chief Engineer (Roads), Rural Works, Odisha, Bhubaneswar stating as follows:

“The work has been completed in all respect earlier before 30% of contract period (i.e. 6 month 5 days against 11 months) and thus eligible for incentive on early completion of project @ of 5% of contract value.

As such it is requested to consider the incentive proposal as per Clause 1.11 DTCN & Amendment 2016 Vol-I of O.P.W.D. This is for favour of kind information and necessary action.”

1.2. Despite such information given to the Chief Engineer (Roads), Rural Works, Odisha, Bhubaneswar, the petitioner being not accorded with the legitimate claim in terms of Clause 1.11 of the Detailed Tender Call Notice (DTCN) and Paragraph 3.5.5(V) of Note-III of OPWD Code (Volume-I) as amended by virtue of Office Memorandum File No.07556900032016-5288/W, dated 4th May, 2016 issued by the Government of Odisha in Works Department, the petitioner has come up before this Court by way of filing this writ petition invoking provisions under Articles 226 and 227 of the Constitution of India with the following prayer(s):

“It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to

I. Issue a writ in the nature of Mandamus in directing the Opp. Party No.2-Chief Engineer (Roads), Rural Works, Odisha to forthwith approve the petitioner's incentive dues under Clause 1.11 of the DTCN, strictly in terms of the recommendations of the Chief Construction Engineer, Opp. Party No.3 dated 16.08.2023 (Annexure 5) and the Superintending Engineer, Opp. Party No.4 dated 04.04.2023 (Annexure-4), and thereafter to ensure release of the incentive amount @ 2% of the contract value for the work Improvement Daxin Teghari High School PWD road to Bindhapadmapur-Talsari road via Ranibasan and Krushnanagar road under MMSY for the year 2021-22 within a time to be stipulated by this Hon’ble Court;

II. Issue direction to the Opposite Parties to pay interest 12% per annum (or at such rate as this Hon'ble Court deems just and proper) on the eligible incentive amount, from 31.03.2023 (the actual date of completion of work) till the date of actual payment;

III. The unexplained and prolonged delay in processing and approving the petitioner's incentive dues shall be declared arbitrary, unreasonable, mala fide in law and violative of Article 14 of the Constitution of India;

IV. Any other writ, order or direction may be issued as this Hon’ble Coat deems fit, just, equitable, proper and necessary in the facts and circumstances of the case.

V. And in this act of kindness, the petitioner