Kerala High Court
Binny Xavier vs Union Of India on 18 March, 2021
WP(C).No.3328 OF 2021(M)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
WP(C).No.3328 OF 2021(M)
PETITIONER/S:
BINNY XAVIER
AGED 49 YEARS
PROPRIETOR, BINNY ASSOCIATES, ANAMTHURUTHIL,
VENNALA P.O., KOCHI 682 028.
BY ADVS.
SRI.K.L.VARGHESE (SR.)
SMT.SANTHA VARGHESE
SRI.RAHUL VARGHESE
SRI.RANJITH VARGHESE
RESPONDENT/S:
1 UNION OF INDIA, CENTRAL PUBLIC WORKS DEPARTMENT,
NIRMAN BHAVAN, MAUALNA AZAD ROAD, NEW DELHI 110
001, REP.BY ITS SECRETARY, MINISTRY OF UNION
HOUSING AND URBAN AFFAIRS.
2 DIRECTOR GENERAL
CENTRAL PUBLIC WORKS DEPARTMENT, NIRMAN BHAVAN,
MAULANA AZAD ROAD, NEW DELHI 110 001.
3 THE ADDITIONAL DIRECTOR GENERAL (REGION BENGALURU)
SUPERINTENDING ENGINEER (WORKS CUM TLQA), CPWD, 2ND
FLOOR, C WING, KENDRIYA SADAN, KORAMANGALA,
BENGALURU 560 034.
4 EXECUTIVE ENGINEER (TLQA)
OFFICE OF THE ADDITIONAL DIRECTOR GENERAL (REGION
BENGALURU), CPWD, 2ND FLOOR, C WING, KENDRIYA
SADAN, KORAMANGALA, BENGALURU 560 034.
5 SUPERINTENDING ENGINEER
CENTRAL PUBLIC WORKS DEPARTMENT, 4TH FLOOR, A-WING,
KENDRIYA BHAVAN, KAKKANAD, COCHIN 682 037.
WP(C).No.3328 OF 2021(M)
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6 EXECUTIVE ENGINEER, CENTRAL PUBLIC WORKS
DEPARTMENT, COCHIN CENTRAL DIVISION, KENDRIYA
BHAVAN, KAKKANAD, COCHIN 682 037.
R1-6 BY SRI.K.SHRI HARI RAO, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3328 OF 2021(M)
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JUDGMENT
Dated this the 18th day of March 2021
The petitioner is aggrieved by Ext.P15 order by which his
request for enlistment under Class-IV Building category as well
as Class-V Building category are rejected.
2. The petitioner points out that the 3 rd respondent has not
considered the contentions raised by the petitioner in Ext.P14
with due application of mind and with reference to the
provisions contained in the General Conditions of Contract-
Ext.P16.
3. As the denial of enlistment will seriously affect the
petitioner adversely it is only appropriate that the grievance
of the petitioner is considered by the 2nd respondent.
4. The learned counsel for the petitioner also points out
that the 2nd respondent is empowered to relax the provisions
under rule 7.11 of the Enlistment Rules.
5. Therefore as all the grievances of the petitioner is
available in Ext.P14 representation, there shall be a direction
to the 2nd respondent to consider the request of the petitioner
in Ext.P14 with reference to rule 7.11 also and to pass orders
WP(C).No.3328 OF 2021(M)
after affording an opportunity of hearing through electronic
mode within a period of two months from the date of receipt of a
copy of the judgment, along with a copy of the representation.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.3328 OF 2021(M)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE VALID REGISTRATION
CERTIFICATE OF THE KERALA PWD WITH
REGISTRATION NO.C-21/2018-19.
EXHIBIT P2 TRUE COPY OF THE LETTER OF AWARD DT.
22.6.2019 ISSUED TO THE PETITIONER.
EXHIBIT P2 (A) TRUE COPY OF THE LETTER OF AWARD DT.
18.11.2019 ISSUED TO THE PETITIONER.
EXHIBIT P2 (B) TRUE COPY OF THE LETTER OF AWARD DT.
4.12.2019 ISSUED TO THE PETITIONER
EXHIBIT P2 (C) TRUE COPY OF THE LETTER OF AWARD DT.
2.1.2020 ISSUED BY THE 6TH RESPONDENT TO
THE PETITIONER
EXHIBIT P2 (D) TRUE COPY OF THE LETTER OF AWARD DT.
4.1.2020 ISSUED TO THE PETITIONER
EXHIBIT P2 (E) TRUE COPY OF THE LETTER OF AWARD DT.
23.1.2020 ISSUED TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 18.11.2020 IN WP(C) NO.15736 OF
2020(N)
EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR ENLISTMENT
AS CLASS IV BUILDING CONTRACTOR WITH ALLIED
DOCUMENTS FURNISHED BEFORE THE 3RD
RESPONDENT BY THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE CLAUSE 6.2 TO CLAUSE 6.2.5
AND ANNEXURE VII OF THE RULES FOR
ENLISTMENT OF CONTRACTORS IN CPWD, 2020.
EXHIBIT P6 TRUE COPY OF LETTER DATED 14.10.2020 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P7 TRUE COPY OF REPLY LETTER DATED 15.10.2020
WITH RELEVANT ACCOMPANIMENTS, ISSUED BY THE
PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF LETTER DATED 4.11.2020 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
WP(C).No.3328 OF 2021(M)
EXHIBIT P9 TRUE COPY OF LETTER DATED 6.11.2020 ISSUED
BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF LETTER DATED 25.11.2020 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P11 TRUE COPY OF LETTER DATED 2.12.2020 ISSUED
BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P12 TRUE COPY OF LETTER DATED 8.12.2020 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P13 TRUE COPY OF LETTER DATED 16.12.2020 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P14 TRUE COPY OF LETTER DATED 9.1.2021 ISSUED
BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P15 TRUE COPY OF LETTER DATED 28.1.2021 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P16 TRUE COPY OF THE RELEVANT CLAUSES OF THE
GENERAL CONDITIONS OF CONTRACT OF CPWD.
EXHIBIT P17 TRUE COPY OF LETTER DATED 5.12.2018 ISSUED
BY THE 6TH RESPONDENT-EXECUTIVE ENGINEER TO
THE PETITIONER.
