Sudheer S vs State Of Kerala
2021 Latest Caselaw 2693 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       WP(C).No.1719 OF 2021(L)


PETITIONER:

               SUDHEER S.,
               GOVERNMENT CONTRACTOR, SASIMANDIRAM, CHARAMKUZHI,
               ADAYAMON P. O., KILIMANOOR, THIRUVANANTHAPURAM.

               BY ADVS.
               SHRI.AJITH KRISHNAN
               SHRI.SUNIL KUMAR C.M

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      2        PRINCIPAL SECRETARY
               FINANCE (INDUSTRIES AND PUBLIC WORKS B) DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      3        THE CHIEF ENGINEER
               PUBLIC WORKS DEPARTMENT - ROADS, PUBLIC OFFICE,
               THIRUVANANTHAPURAM - 695 033.

      4        THE SUPERINTENDING ENGINEER
               P. W. D. ROADS (SC), PUBLIC OFFICE,
               THIRUVANANTHAPURAM - 695 033.

      5        EXECUTIVE ENGINEER
               PWD ROADS DIVISION, KOLLAM, KOLLAM - 691 001.

      6        THE CHIEF SECRETARY
               STATE OF KERALA, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1719 OF 2021(L)

                                    2




                               JUDGMENT

Dated this the 22nd day of January 2021

The petitioner who is a PWD contractor was

awarded the work of "Budject work 2017-2018

improvements by providing DGBM & BC to Prakulam -

Sambranikodi Road" based on Ext.P1 selection

notice. He is aggrieved by the delay in payment

of the price difference in bitumen. It is stated

that the petitioner completed the work on the

basis of an agreement executed in 2018 and even

though a representation was submitted on the basis

of the Government orders issued from time to time,

the 4th respondent has not taken any action.

2. The petitioner points out that the

Government had issued Exts.P2, P3 and P4 orders

for providing for the price difference in bitumen

for the contractors. It is stated that as per

Ext.P2 order Government had ordered payment of WP(C).No.1719 OF 2021(L)

price difference of bitumen as on the date of

closing tender and date of invoice to the

contractors on production of original invoice for

the actual quantity consumed for the work within

the original time of completion. As per Ext.P3

order dated 17.04.2020 the Government modified

Ext.P2 order to the effect that the price

difference in bitumen as on the date of agreement

between the contractor/accredited agency and

implementing officer and date of invoice on or

after 01.11.2018 may be paid to or recovered from

the contractor/accredited agency.

3. It is stated that, paragraph 3 of Ext.P3

order was further modified to the effect that for

open tenders price difference of bitumen as on the

date of closing tenders and the date of invoice

after 01.11.2018 would be payable. Pointing out

the eligibility for price difference, the

petitioner has submitted Ext.P5 representation

before the Superintending Engineer requesting for

the payment towards price difference of bitumen. WP(C).No.1719 OF 2021(L)

The petitioner also pointed out that the final

bill towards the work carried out is also to be

paid.

Therefore, there shall be a direction to the

4th respondent to consider the request of the

petitioner in Ext.P5 and pass orders taking note

of Exts.P2 to P4 and pass orders after affording

an opportunity of hearing to the petitioner

through electronic media within a period of two

months. The 4th respondent shall also take steps

for payment of the amount due to the petitioner at

the earliest.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.1719 OF 2021(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO.DB5/3839/2018, DATED 15/11/2018, ISSUE BY THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.9386/2018/FIN.DTD.13/11/2018, ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER GO(RT)NO.2816/2020/FIN.,DTD.17/4/2020.

EXHIBIT P4 TRUE COPY OF THE GOVT.ORDER GO(RT) NO.5502/2020/FIN.,DTD.25/9/2020, ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 14/12/2020, SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE