Gauhati High Court
Rishik Charan Sarma vs The State Of Assam And 5 Ors on 30 May, 2022
Page No.# 1/3
GAHC010026942020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/760/2020
RISHIK CHARAN SARMA
S/O- LATE AJAY CHARAN SARMA, R/O- CHANDMARI, MILANPUR, NEAR
OLD MASJID, H NO. 16, PANI PATH, P.S- CHANDMARI, P.O-
BAMUNIMAIDAN, GUWAHATI- 781021
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
PHED, DISPUR, GHY- 06
2:THE CHIEF ENGINEER
PHED
HENGRABARI
GUWAHATI- 06
3:THE SUPERINTENDING ENGINEER
PHED
GUWAHATI CIRCLE
GHY
4:THE SUPERINTENDING ENGINEER
PHED
GUWAHATI CIRCLE
GUWAHATI
5:THE EXECUTIVE ENGINEER
PHED
GUWAHATI DIVISION
GUWAHATI
ASSAM
Page No.# 2/3
6:THE ASSTT EXECUTIVE ENGINEER
PHED
GUWAHATI DIVISION
GUWAHATI
ASSA
Advocate for the Petitioner : MRS. M BORAH
Advocate for the Respondent : SC, P H E
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
30.05.2022
Heard Ms. M. Borah, learned counsel for the petitioner and Mr. R.R. Gogoi, learned
Standing Counsel, Public Health Engineering [PHE] for all the respondents.
2. The projected case of the petitioner is that he is a registered Class-I Contractor with
the PHE Department and during the period from 2010 to 2017, he was awarded a number of
contract-works for execution by the respondent authorities in the PHE Department. The
petitioner has annexed the copies of the work orders, 17 in nos., as Annexure-2 series to the
writ petition [Page nos. 17 - 33].
2.1. The petitioner has asserted that he had executed all the aforesaid contract-works to
the satisfaction of the authorities in the PHE Department and submitted the final bills in
respect of those contract-works. Though the petitioner was partly paid against the final bills
submitted by him, an amount of Rs. 4,84,685/- is yet to be disbursed in favour of the
petitioner. Despite approaches being made by the petitioner before the respondent authorities
in the PHE Department, the said amount which, according to the petitioner, is an admitted
outstanding dues has not been disbursed till the date of institution of the writ petition.
Assailing such action, the petitioner has approached this Court by this writ petition.
Page No.# 3/3
3. Mr. Gogoi, learned Standing Counsel, PHE has, on instruction, submitted that there is
no dispute with regard to the claim of the petitioner that an amount of Rs. 4,84,685/- has
remained outstanding in respect of the contract-works under reference. The department are
processing the matter but they have not been able to disburse the said amount due to
paucity of fund at disposal. He has, however, submitted that the instant case is squarely
covered by the Full Bench judgment of this Court, rendered on 29.09.2008, in Writ Appeal
No. 484/2005 [Tamsher Ali and Ors. vs. State of Assam and Ors.], reported in 2008[4] GLT 1
[FB] and similar other 194 writ petitions and, as such, the respondent authorities in the PHE
will process the claim of the petitioner for the amount of Rs. 4,84,685/- in the light of the
principles enunciated in the aforesaid judgment.
4. In view of the above submissions of the learned counsel for the parties, this writ
petition is disposed of at the admission stage itself with a direction to the Chief Engineer,
Public Health Engineering [PHE] Department, Assam to process the claim of the petitioner
within a period of 45 [forty-five] days from the date of receipt of a certified copy of this order
and then, the respondent authorities would disburse the amount due to the petitioner in
accordance with law and in the light of the directions contained in Tamsher Ali [supra].
5. The petitioner after obtaining a certified copy of this order, shall place the same before
the Chief Engineer, Public Health Engineering [PHE] Department, Assam for doing the needful
from his end.
6. The writ petition stands disposed of in terms of the above directions.
JUDGE
Comparing Assistant
