Kerala High Court
Raji Mathew vs State Of Kerala on 11 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943
WP(C) NO. 23576 OF 2021
PETITIONER:
RAJI MATHEW
AGED 56 YEARS
S/O. MATHEW, PAMPLANIYIL HOUSE, BHARANANGANAM P.O,
MEENACHIL TALUK, KOTTAYAM DISTRICT-686 578.
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
GEORGE K.V.
PRAVEEN S.
DIPU JAMES
STEPHY K REGI
MATHEW K.T.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PUBLIC WORKS DEPARTMENT
REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE FINANCE DEPARTMENT (INDUSTRIES & PUBLIC WORKS-B)
REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
4 THE CHIEF ENGINEER
OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT
(ROADS & BRIDGES), THYCADU, THIRUVANANTHAPURAM-695 014.
5 THE SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS CENTRAL CIRCLE,
ALUVA-683 101.
6 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS DIVISION, PAINAVU P.O.,
IDUKKI DISTRICT-685 603.
WP(C) NO. 22964 OF 2021 & con.cases 2
7 THE SENIOR FINANCE OFFICER
OFFICE OF THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT P.W.D (ROADS & BRIEGES),
THYCADU, THIRUVANANTHAPURAM-695 014.
BY ADV GOVERNMENT PLEADER
SRI.K.V.MANOJKUMAR SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2021, ALONG WITH WP(C).21906/2021,
21944/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 22964 OF 2021 & con.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA,
1943
WP(C) NO. 21906 OF 2021
PETITIONER:
VARGHESE SCARIA
AGED 30 YEARS
S/O. T.C.SCARIA, RESIDING AT PAZHUKKANIYIL HOUSE,
PUTHUPARIYARAM P.O., THODUPUZHA, IDUKKI DISTRICT,
PIN-685608.
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH
E.MUHAMMED SHAFI
C.H.ABDUL RASAC
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
PUBLIC WORKS DEPARTMENT,
THIRUVANANTHAPURAM-695001.
2 THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT, 3RD FLOOR,
REVENUE COMPLEX, PUBLIC OFFICE BUILDING,
THIRUVANANTHAPURAM-695001.
3 THE SUPERINTENDING ENGINEER,
PWD ROADS & BRIDGES, CENTRAL CIRCLE, ALUVA,
ERNAKULAM-683101.
4 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, PAINAVU, IDUKKI-685603.
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.11.2021, ALONG WITH WP(C).23576/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22964 OF 2021 & con.cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA,
1943
WP(C) NO. 21944 OF 2021
PETITIONER:
MADATHIL ENTERPRICES,
MADATHIL HOUSE, MANNAKKAT P.O, THODUPUZHA,
IDUKKI DISTRICT 685 608
REPRESENTED BY ITS MANAGING PARTNER, JILIMON JOHN
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
C.H.ABDUL RASAC
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,
THIRUVANANTHAPURAM.
3 THE SUPERINTENDING ENGINEER,
PWD ROADS AND BRIDGES, CENTRAL CIRCLE, ALUVA,
PIN 683101
4 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, PAINAVU, IDUKKI DISTRICT.
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2021, ALONG WITH WP(C).23576/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22964 OF 2021 & con.cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA,
1943
WP(C) NO. 22964 OF 2021
PETITIONER:
M/S.MALABAR TECH
REP BY ITS MANAGING PARTNER, N.ABDUL RAFEQUE,
S/O. ABDUL RAHIMAN HAJI, AGED 49 YEARS, HI TOWER,
IGBT BYE-PASS, MANJERI,
MALAPPURAM DSITRICT-676 121
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
SUNIL KUMAR A.G
DIPU JAMES
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE PUBLIC WORKS DEPARTMENT,
REP BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
3 THE FINANCE DEPARTMENT (INDUSTRIES & PUBLIC WORKS
-B)
REP BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
WP(C) NO. 22964 OF 2021 & con.cases 6
4 THE CHIEF ENGINEER,
OFFICE OF THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS & BRIDGES)
THYCAUD, THIRUVANANTHAPURAM-695 014
5 THE SUPERINTENDING ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS CENTRAL CIRCLE,
ALUVA-683 101
6 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,PUBLIC WORKS
DEPARTMENT, ROADS DIVISION, AYYANTHOLE,
THRISSUR DISTRICT-680 002
7 THE SENIOR FINANCE OFFICER,
OFFICE OF THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT, P.W.D (ROADS & BRIDGES)
THYCAUD, THIRUVANANTHAPURAM-695 014
SRI.K.V.MANOJKUMAR SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2021, ALONG WITH WP(C).23576/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22964 OF 2021 & con.cases 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA,
1943
WP(C) NO. 22950 OF 2021
PETITIONER:
M/S MALABAR TECH
REP BY ITS MANAGING PARTNER, N.ABDUL RAFEQUE, S/O
ABDUL RAHIMAN HAJI, AGED 49 YEARS, HI TOWER, IGBT
BYE-PASS, MANJERI, MALAPPURAM DISTRICT-676 121.
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
MATHEW K.T.
SUNIL KUMAR A.G
GEORGE K.V.
PRAVEEN S.
DIPU JAMES
STEPHY K REGI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PUBLIC WORKS DEPARTMENT,
REP BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE FINANCE DEPARTMENT
(INDUSTRIES & PUBLIC WORKS-B),
REP BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVAANANTHAPURAM-695 001.
WP(C) NO. 22964 OF 2021 & con.cases 8
4 THE CHIEF ENGINEER,
OFFICE OF THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS & BRIDGES)
THYCADU, THIRUVANANTHAPURAM-695M014.
5 THE SUPERINTENDING ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS CENTRAL CIRCLE,
ALUVA-683 101.
6 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT, ROADS, DIVISION, AYYANTHOLE,
THRISSUR DISTRICT-680 002.
7 THE SENIOR FINANCE OFFICER,
OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS
DEPARTMENT P.W.D (ROADS & BRIDGES) THYCADU,
THIRUVANANTHAPURAM-695 014.
SRI. K.V.MANOJKUMAR SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2021, ALONG WITH WP(C).23576/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22964 OF 2021 & con.cases 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA,
1943
WP(C) NO. 23085 OF 2021
PETITIONER:
MALABAR TECH,
REPRESENTED BY ITS MANAGING PARTNER,
N.ABDUL RQFEQUE, S/O.ABDUL RAHIMAN HAJI, AGED 49
YEARS, HI TOWER, NEAR POOKOTTUR JUNCTION,
IGBT BYE-PASS, MANJERI,
MALAPPURAM DISTRICT-676 121.
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
S.PRAVEEN
SUNIL KUMAR A.G
DIPU JAMES
MATHEW K.T.
GEORGE.K.V
STEPHY K REGI
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PUBLIC WORKS DEPARTMENT,
REPRESENTED BY ITS SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE FINANCE DEPARTMENT (INDUSTRIES & PUBLIC WORKS
-B),
REPRESENTED BY ITS SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
WP(C) NO. 22964 OF 2021 & con.cases 10
4 THE CHIEF ENGINEER,
OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS
DEPARTMENT (ROADS & BRIDGES), THYCADU,
THIRUVANANTHAPURAM-695 014.
5 THE SUPERINTENDING ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS NORTH CIRCLE,
PWD COMPLEX, MANANCHIRA,
KOZHIKODE DISTRICT-673 001.
6 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, ROADS DIVISION, MANJERI,
MALAPPURAM DISTRICT-676 121.
7 THE SENIOR FINANCE OFFICER,
OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS
DEPARTMENT, P.W.D., (ROADS & BRIDGES), THYCADU,
THIRUVANANTHAPURAM-695 014.
SRI. K.V.MANOJKUMAR SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2021, ALONG WITH WP(C).23576/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22964 OF 2021 & con.cases 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA,
1943
WP(C) NO. 23608 OF 2021
PETITIONER
RAJI MATHEW
AGED 56 YEARS
S/O. MATHEW, PAMPLANIYIL HOUSE,
BHARANANGANAM P.O., MEENACHIL TALUK, KOTTAYAM
DISTRICT-686 578.
BY ADVS.
GEORGE MATHEW
M.D.SASIKUMARAN
PRAVEEN S.
SUNIL KUMAR A.G
DIPU JAMES
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PUBLIC WORKS DEPARTMENT
REPRESENTED BY ITS SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE FINANCE DEPARTMENT (INDUSTRIES & PUBLIC
WORKS-B)
REPRESENTED BY ITS SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
WP(C) NO. 22964 OF 2021 & con.cases 12
4 THE CHIEF ENGINEER
OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS
DEPARTMENT (ROADS & BRIDGES), THYCADU,
THIRUVANANTHAPURAM-695 014.
5 THE SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT, ROADS CENTRAL CIRCLE,
ALUVA-683 101.
6 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT, ROADS DIVISION, PAINAVU P.O.,
IDUKKI DISTRICT-685 603
7 THE SENIOR FINANCE OFFICER
OFFICE OF THE CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT P.W.D. (ROADS & BRIDGES)
THYCADU, THIRUVANANTHAPURAM-695 014.
SRI. K.V.MANOJKUMAR SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2021, ALONG WITH WP(C).23576/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22964 OF 2021 & con.cases 13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA,
1943
WP(C) NO. 24694 OF 2021
PETITIONERS:
1 ELDHO JOSE K,AGED 46 YEARS
S/O. K.P.JOSE, KOTTISERIKKUDI HOUSE,
NEDUNGAPARA P.O., PERUMBAVOOR, ERNAKULAM,
PIN-683 545.
2 SAJEEV P.A.
AGED 66 YEARS
S/O. AYYAPPANKUTTY, PARAMBIL HOUSE, ALLAPRA P.O.,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN-683 556.
BY ADVS., ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
C.H.ABDUL RASAC
RESPONDENTS:
1 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,
THIRUVANANTHAPURAM-695 001.
3 THE SUPERINTENDING ENGINEER
PWD ROADS AND BRIDGES, CENTRAL CIRCLE, ALUVA,
PIN-683 101.
4 THE EXECUTIVE ENGINEER
PWD ROADS DIVISION, ERNAKULAM,
ERNAKULAM DISTRICT-682 016.
SRI. K.V.MANOJKUMAR SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.11.2021, ALONG WITH WP(C).23576/2021 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22964 OF 2021 & con.cases 14
JUDGMENT
Dated this the 11th day of November, 2021
[WP(C) Nos.23576/2021, 21906/2021, 21944/2021, 22964/2021,
22950/2021, 23085/2021, 23608/2021, 24694/2021]
Petitioners in all these writ petitions are A class contractors
under the Public Works Department. They are before this Court
aggrieved by a Government Order dated 30.04.2021. As the
facts involved in all these writ petitions are same, W.P.(c)
No.22964 of 2021 is taken as the main case and the parties and
documents are referred to in this judgment as they are
arrayed/exhibited in W.P.(c) No.22964 of 2021.
2. The All Kerala Government Contractors Association
submitted Ext.R2(a) representation dated 18.10.2018 to the
Principal Secretary to the Finance Department of the Kerala
Government pointing out the sky rocketed prices of bitumen and
requesting that the escalated price of bitumen may be paid to
the contractors. Another Labour Contract Co-operative Society
WP(C) NO. 22964 OF 2021 & con.cases 15
also submitted Ext. R2(c) representation to the Government,
with similar prayers.
3. Taking into consideration the fact that the unless
some adjustments are made, the contractors are bound to suffer
huge losses, the Finance (Industries & Public Works-B)
Department issued Ext.P8 order dated 13.11.2018 stating that
since the price of bitumen as on April, 2018 had increased by
33%, for the ongoing works with effect from 01.11.2018, the
price difference of bitumen as on the date of closing tender and
the date of invoice (invoice date on or after 01.11.2018) will be
paid to the contractors on the production of original invoice for
the actual quantity consumed for the work within original term of
completion. It was also ordered in Ext.P8 that price difference
will also be allowed to all works with extended Term of
Completion (without fine extension).
4. A Labour Contract Co-operative Society made a
representation to the Government requesting to modify the
WP(C) NO. 22964 OF 2021 & con.cases 16
Ext.P8 Government Order by allowing the difference between
the estimate rate and market rate of bitumen. The Government
examined the matter and was pleased to modify Clause 1 of the
Ext.P8 Government Order to the extent that the price difference
of bitumen as on the date of agreement between the
contractor/accredited agency and the implementing officer and
the date of invoice (invoice date on or after 01.11.2018) may be
paid to or recovered from the contractor/accredited agency. This
modification was done as per Ext.P9 G.O. (Rt) dated
17.04.2020.
5. The Chairman, Builders Association of India
submitted yet another representation before the Hon'ble Minister
(Finance) requesting to modify Ext.P9 Government Order stating
that the date of closing of tender should be the basis for
calculation of the price difference of bitumen as the date of
agreement may be delayed for numerous reasons. Having
examined the matter, the Government, as per Ext.P10 G.O.(Rt)
WP(C) NO. 22964 OF 2021 & con.cases 17
dated 25.09.2020, found that there is merit in the demand made
by the Chairman, Builders Association of India and accordingly
modified paragraph 3 of Ext.P9 Government Order and stated
that for open tenders, the price difference of bitumen as on date
of closing of tenders and the date of invoice ( after 01.11.2018)
will be payable. For works on nomination, the price difference of
bitumen as on date of agreement and date of invoice (after
01.11.2018) will be payable.
6. While the contractors were being extended with the
benefits of Exts.P8 to P10, the All Kerala Government
Contractors Association and the Chairman, Builders Association
of India, requested to issue clarification on the rate of bitumen to
be considered while calculating the allowable price difference of
bitumen and on whether Ext.P8 Government Order is applicable
for agreements executed after 01.11.2018. The Government
thereupon modified paragraph 3 of Ext.P8 order as follows:-
"3. Government have examined the matter in detail and are
pleased to modify paragraph 3 of Government Order read as
WP(C) NO. 22964 OF 2021 & con.cases 18
3rd paper above as follows:
For works based on open tenders the price of difference
of bitumen payable/recoverable shall be reckoned, as the
difference of invoice value and the market rate of bitumen, as
on the last date of submission of tender.
For works on nomination, the price difference of bitumen
payable/recoverable shall be reckoned as the difference of
invoice value and the market rate of bitumen, as on the date of
agreement, as the case may be."
4. This Government Order is applicable for all ongoing
works and works for which agreements are executed after
01.11.2018.
In the said Ext.P7 G.O.(Rt) dated 30.04.2021, the Government
made it clear that the said order is applicable for all ongoing
works and works for which agreements are executed after
01.11.2018. It is aggrieved by the said Ext.P7 order dated
30.04.2021, the petitioners have filed these writ petitions.
7. The learned counsel representing the petitioners
contended that the Government Orders at Exts.P7 to P10 would
apply only to ongoing tenders as on 01.11.2018. The orders
were issued by the Government taking into consideration the
unprecedented escalation of price in bitumen and in order to
save the contractors from incurring huge losses. The intention of
WP(C) NO. 22964 OF 2021 & con.cases 19
the Government was not to recover any amount out of the profit
legitimately being earned by the contractors.
8. The respondents are not justified in ordering recovery
of the price difference of bitumen from the amounts payable to
the petitioners based on Ext.P7. If at all there is any marginal
decrease in the price of bitumen between the date of agreement
and the date of invoice, that should be treated as legitimate
profit gained by the petitioners. The respondents have no right to
claim that such differential amount should be paid to the
Government. It was further contended by the petitioners that, if
such type of recovery is permitted from the bills payable to the
petitioners, tomorrow a day may come wherever the cost is
decreased in respect of any materials used by the contractors,
the Government can demand refund, following the same criteria.
9. The learned counsel for the petitioners argued that if
Ext.P7 is implemented as such, it will result in exerting undue
influence according to the whims and fancies of the
WP(C) NO. 22964 OF 2021 & con.cases 20
respondents. Such action would be against principles of
fairness. In fact Ext.P7 Government Order would amount to
unconscionable bargain leaving the petitioners having no choice
or meaningful choice to resist the same. The impugned order
goes against the legitimate expectation of petitioners that they
would be able to undertake works for respondents and get cost
of work realised without unwarranted deduction.
10. The respondents resisted the writ petition. The
learned Senior Government Pleader pointed out that the attempt
of the petitioners is to take advantage of the Government Orders
and make profit, at the same time escaping from refunding
undue benefits emanating from the decrease of price of bitumen.
The learned Senior Government Pleader pointed out that Ext.P7
Government Order was issued at the request of the Contractors
Association and Labour Welfare Societies as is evident from
Exts.R2(b) and R2(c). The petitioners are bound by the
Government Orders, which were issued in the larger interest of
WP(C) NO. 22964 OF 2021 & con.cases 21
all contractors.
11. The learned Senior Government Pleader relied on
Clause 5.2 of the Standard Bidding Documents (Ext.R2 (a)) to
contend that the contractors are bound to follow relevant Kerala
State Government Orders, Circulars, Kerala PWD Manual etc.
prevailing at the time of the contract eventhough specific
reference to these are not provided elsewhere in the contract
conditions. As the petitioners are bound by Clause 5.2 of the
Standard Bidding Document, they cannot be heard to contend
that Exts.P7 to P10 orders will not apply to them. The learned
Government Pleader urged that what is executed by the
petitioners is rate contract and but for Exts.P7 to P10, on no
account the petitioners are entitled to increase of rates once
fixed. The learned Senior Government Pleader relying on Ext.P2
pointed out that the defect liability period of the work should also
be taken as part of the contract and the term ongoing works will
include the work to be undertaken during the defect liability
WP(C) NO. 22964 OF 2021 & con.cases 22
period also.
12. Relying on the judgment of the Hon'ble Apex Court in
State of U.P and Others v. Bride and Roof Company (India)
Ltd. [AIR 1996 SCC 3515], the learned Senior Government
Pleader urged that the writ petition filed by the petitioners shall
not be entertained. In respect of contractual matters when
deductions are legitimately made by the Governmental
authorities, such action cannot be challenged by filing a writ
petition. Any dispute relating to interpretation of the terms and
conditions of a contract cannot be agitated in a writ petition.
Those are matters either for arbitration as provided by the
contract or for civil court, as the case may be. Whether any
amount is due from the government under the contract and if so
how much and the further question whether retention or refusal
to pay any amount by the Government is justified or not, are all
matters which cannot be agitated or adjudicated upon in a writ
petition.
WP(C) NO. 22964 OF 2021 & con.cases 23
13. The learned Senior Government Pleader specifically
drew attention of this Court to paragraph 18 of the judgment in
State of U.P (supra) wherein the Hon'ble Apex Court held that
the writ petition filed by the respondent for the issuance of a writ
of mandamus restraining the Government from deducting or
withholding a particular sum, which according to the respondent
is payable to it under the contract, was wholly misconceived and
was not maintainable in law. The Hon'ble Apex Court held that
such writ petition ought to have been dismissed on that ground
alone.
14. Relying on the judgment in R.C.Tobacco (P) Ltd.
And another vs. Union of India and another [2005 7 SCC
725], the learned Senior Government Pleader contended that a
law cannot be held to be unreasonable merely because it
operates retrospectively. Even judicial decisions are in a sense
retrospective. There cannot be a legal proposition that no
Government Orders shall apply retrospectively. At the same
WP(C) NO. 22964 OF 2021 & con.cases 24
time, the learned Government Pleader pointed out that when the
defect liability period is also treated as a part of the contractual
work, then the Government Orders issued even during the
defect liability period should be applicable to the contractors, in
view of Clause 5.2 of the Standard Bidding Documents.
15. The attempt of the petitioners is to take advantage of
the orders issued by the respondents pursuant to the collective
demand made by the contractors through their association and
at the same time to get unduly enriched by not adjusting the
amounts earned due to gross fall of price in the bitumen. Such
demands will be against public interest and would adversely
effect the public exchequer. The writ petitions are therefore
liable to be dismissed, contended the learned Senior
Government Pleader.
16. I have heard the learned counsel for the petitioners
and the learned Senior Government Pleader representing the
respondents.
WP(C) NO. 22964 OF 2021 & con.cases 25
17. The issues arising for consideration in these writ
petitions are whether Ext.P7 G.O. dated 30.04.2021 issued by
the respondents can be applied to the petitioners for effecting
recovery from the amounts payable to them and also whether
Ext.P7 can be operated retrospectively to all agreements
executed by the petitioners irrespective of whether those works
were ongoing as on 01.11.2018 or not. The Learned Senior
Government Pleader is right in contending that the petitioners
are bound to follow relevant Kerala State Government Orders,
Circulars, Kerala PWD Manual etc. prevailing at the time of the
contract eventhough specific reference to these are not provided
elsewhere in the contract condition. But the issue here is
whether Exts.P7 to P10 orders would apply to the petitioners at
all.
18. Ext.P8 is the first Government Order, by which certain
benefits were extended to the PWD contractors in the matter of
price difference in bitumen. The relevant portion of Ext.P8 G.O
WP(C) NO. 22964 OF 2021 & con.cases 26
reads as follows:-
"1. Since the price of Bitumen as on April 2018 had
increased by 33%, for the ongoing works with effect from
01.11.2018, the price difference of Bitumen as on the date of
closing tender and the date of invoice (invoice date on or after
01.11.2018) will be paid to the contractor on the production of
original invoice for the actual quantity consumed for the work
within original term of completion."
The afore provision would show that it is intended to apply only
for the ongoing works with effect from 01.11.2018. Therefore if
the works under the agreements entered into by the petitioners
were not ongoing works, as on 01.11.2018, Ext.P8 Government
Order cannot be made applicable to the petitioners.
19. Ext.P8 Government Order was modified as per
Ext.P9. Paragraph 3 of Ext.P9 Government Order reads as
follows:-
3) Government have examined the matter in detail and
are pleased to modify Clause 1 of the Government Order
read above to the extend that the price difference of bitumen
as on the date of agreement between the
contractor/accredited agency and the Implementing Officer
and the date of invoice (Invoice date on or after 01.11.2018)
may be paid to or recovered from the contractor/accredited
agency.
WP(C) NO. 22964 OF 2021 & con.cases 27
The said paragraph is very clear that by Ext.P9, the Ext.P8
Government Order has been modified only to the extent that the
price difference of bitumen is to be decided as on the date of
agreement between the Contractor/accredited agency and the
implementing officer and the date of invoice (invoice date on or
after 01.11.2018). The said price difference is to be paid to or
recovered from the contractor/ accredited agency. In other
words, all other terms and conditions in Ext.P8 Government
Order would remain the same. As Ext.P8 Government Order
was intended to apply only to those ongoing projects an on
01.11.2018, Ext.P9 also would apply only to those ongoing
projects.
20. By Ext.P10 Government Order dated 25.09.2020, the
Government has effected some more modifications. Paragraph
3 of Ext.P10 G.O, reads as follows:-
3. Government have examined the matter in
detail and are pleased to modify para 3 of Government
Order read as 2nd paper above as follows:
WP(C) NO. 22964 OF 2021 & con.cases 28
-For open tenders, the price difference of bitumen
as on date of closing of tenders and the date of invoice
(after 01.11.2018) will be payable.
-For works on nomination, the price difference of
bitumen as on date of agreement and date of invoice
(after 01.11.201) will be payable
The afore provisions would also show that the modification
effected by Ext.P10 is only to paragraph 3 of Ext.P9
Government Order. Therefore, other terms and conditions as
existed in Exts.P8 and P9 orders will continue to apply and
hence those orders will apply only to ongoing works as on
01.11.2018.
21. The petitioners are aggrieved by the subsequently
issued Ext.P7 Government Order dated 30.04.2021. After
examining the request made by the Contractor's Association, the
respondents as per Ext.P7 Government Order decided that for
works based on open tenders the price difference of bitumen
payable/ recoverable shall be reckoned, as the difference of
invoice value and the market rate of bitumen, as on the last date
of submission of tender. For works on nomination, the price
WP(C) NO. 22964 OF 2021 & con.cases 29
difference of bitumen payable/recoverable shall be reckoned as
the difference of invoice value and the market rate of bitumen as
on the date of agreement, as the case may be. The material
portion of Ext.P7 reads as follows:-
"3. Government have examined the matter in detail and are
pleased to modify paragraph 3 of Government Order read as
3rd paper above as follows:
For works based on open tenders the price of difference
of bitumen payable/recoverable shall be reckoned, as the
difference of invoice value and the market rate of bitumen, as
on the last date of submission of tender.
For works on nomination, the price difference of bitumen
payable/recoverable shall be reckoned as the difference of
invoice value and the market rate of bitumen, as on the date of
agreement, as the case may be."
Again, Ext.P7 would also show that the modification effected by
Ext.P7 is only to paragraph 3 of Ext.P10 Government Order.
22. The benefit or advantage conferred under Ext.P8
Government Order is intended only for those projects of the
contractors which were ongoing projects as on 01.11.2018. The
modifications effected by Exts.P8, P9 and P10 orders would
obviously apply only to those ongoing contract works as on
WP(C) NO. 22964 OF 2021 & con.cases 30
01.11.2018, as contemplated by Ext.P8 Government Order. As
Exts.P8 to P10 Government Orders are intended to apply only to
ongoing contract works as on 01.11.2018, those orders cannot
be made applicable to the works undertaken by the petitioners,
subsequently, which were not ongoing works as on 01.11.2018.
23. Ext.P7 order has been issued based on a request made by
the All Kerala Government Contractors Association and the
Builders Association of India, to clarify the earlier orders on the
price of bitumen. As per paragraph 3 of Ext.P7, the Government
has modified paragraph 3 of the Ext.P10 order. The Ext.P7
however states that the said order is applicable for all ongoing
works and works for which agreements are executed after
01.11.2018. Thus, when Exts.P8 to P10 were applicable only to
ongoing works as on 01.11.2018, Ext.P7 made the modification
applicable to all ongoing works and works for which agreements
are executed.
WP(C) NO. 22964 OF 2021 & con.cases 31
24. The Ext.P7 thus imposes a new condition in all the
ongoing works as on 30.04.2021. Further, the said new
condition is made applicable to all works for which agreements
are executed after 01.11.2018. Ext.P7 is legally infirm for two
reasons. Firstly, by Ext.P7, a new onerous condition is imposed
on all ongoing works unilaterally, which is impermissible in law. It
is true that as per Clause 5.2 of the Standard Bidding Document,
a contractor is bound by all Government Orders prevailing. But
the said Clause cannot take in Government Orders which were
not prevailing at the time of the execution of agreement.
25. Secondly, there may be contracts executed after
01.11.2018 and works completed before issuance of Ext.P7 on
30.04.2021. Subsequently issued Government Orders cannot
alter the rights and liabilities of concluded commercial contracts.
For both the afore reasons, Ext.P7 order cannot be made
applicable to all agreements executed after 01.11.2018 and
before 30.04.2021.
WP(C) NO. 22964 OF 2021 & con.cases 32
In the circumstances, it is declared that Ext. P7
Government Order dated 30.04.2021 will not apply to such
contract works undertaken by the petitioners prior to 30.04.2021
which were not ongoing contract works as on 01.11.2018. All
consequence of such declaration will follow. The writ petitions
are disposed of as above. However, it is made clear that Ext. P7
Government Order will apply to all contract works including if
any undertaken by the petitioners, the work of which were
ongoing as on 01.11.2018.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO. 22964 OF 2021 & con.cases 33
APPENDIX OF WP(C) 21906/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FORMAT OF NOTICE INVITING
TENDER.
Exhibit P2 TRUE COPY OF THE CONTRACT AGREEMENT
NO.74/SECCA/2019-2020 DATED 18.9.2019.
Exhibit P3 TRUE COPY OF THE COMPLETION
CERTIFICATE FOR THE CONTRACT AGREEMENT
NO.74/SECCA/2019-2020 DATED 15.9.21.
Exhibit P4 TRUE COPY OF CONTRACT AGREEMENT
NO.93/SECCA/18-19 DATED 1.1.2019.
Exhibit P5 TRUE COPY OF THE COMPLETION
CERTIFICATE FOR THE CONTRACT AGREEMENT
NO.93/SECCA/18-19.
Exhibit P6 TRUE COPY OF THE G.O.(RT)
NO.9386/2018/FIN DATED 13.11.2018
ISSUED BY THE GOVERNMENT.
Exhibit P7 TRUE COPY OF THE CIRCULAR
NO.753/2012/CE/LSGD DATED 15.2.2020
ISSUED BY THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE G.O.(RT)
NO.3815/2021/FIN DATED 30.4.2021
ISSUED BY THE GOVERNMENT.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C) NO.19228/2021 DATED
30.9.2021.
RESPONDENT EXHIBITS NIL
WP(C) NO. 22964 OF 2021 & con.cases 34
APPENDIX OF WP(C) 21944/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FORMAT OF NOTICE INVITING
TENDER.
Exhibit P2 TRUE COPY OF THE CONTRACT AGREEMENT NO.
86/SECCA/2019-20 DATED 25-10-2019.
Exhibit P3 TRUE COPY OF THE COMPLETION CERTIFICATE
FOR THE CONTRACT AGREEMENT NO.
86/SECCA/2019-20
Exhibit P4 TRUE COPY OF WORK ORDER DATED 09-10-
2019 ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF PWD
MANUAL
Exhibit P6 TRUE COPY OF THE G.O(RT) NO
9386/2018/FIN DATED 13-11-2018
Exhibit P7 TRUE COPY OF THE CIRCULAR DATED 15-02-
2020 ISSUED BY THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE G.O(RT) NO. 3815/FIN
DATED 30-04-2021
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED
IN W.P.C NO. 19228/2021 DATED 30-09-
RESPONDENT EXHIBITS NIL
WP(C) NO. 22964 OF 2021 & con.cases 35
APPENDIX OF WP(C) 22964/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF NIT NO.RDDNTSR/RD/2019/3397
DTD 30.11.2019 ISSUED BY 5TH RESPONDENT
Exhibit P2 TRUE COPY OF LETTER NO.DTT-3397/2019 DTD
27.01.2020 ISSUED BY 5TH RESPONDENT
Exhibit P3 TRUE COPY OF TREASURY SAVINGS BANK TERM
DEPOSIT CERTIFICATE NO.JK O.315566 DTD
06.02.2020 ISSUED FROM SUB TREASURY ,
MANJERI
Exhibit P4 TRUE COPY OF IBG NO.105013 DTD
07.02.2020 OF FEDERAL BANK, MALAPPURAM
Exhibit P5 TRUE COPY OF COMPLETION CERTIFICATE DTD
02.07.2021 ISSUED BY 5TH RESPONDENT TO
PETITIONER
Exhibit P6 TRUE COPY OF CC 1ST AND FINAL BILL DTD
NIL IN RESPECT OF EXT P1 WORK ISSUED BY
6TH RESPONDENT
Exhibit P7 TRUE COPY OF G.O(RT) NO.3815/2021/FIN
DTD 30.40.2021 ISSUED BY 3RD RESPONDENT
Exhibit P8 TRUE COPY OF G.O(RT) NO.9386/2018/FIN
DTD 13/11/2018 ISSUED BY 3RD RESPONDENT
Exhibit P9 TRUE COPY OF G.O(RT) NO.2816/2020/FIN
DTD 17.04.2020 ISSUED BY 3RD RESPONDENT
Exhibit P10 TRUE COPY OF G.O(RT) NO.5502/2020/FIN
DTD 2``5.09.2020 ISSUED BY 3RD
RESPONDENT
Exhibit P11 TRUE COPY OF ORDER DTD 30.09.2021 IN WPC
NO.15722 OF 2021
RESPONDENT EXHIBITS
Exhibit R2(a) TRUE COPY OF THE RELEVANT PAGE OF THE
CONTRACT.
Exhibit R2(b) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY CONTRACTORS ASSOCIATION
BASED ON WHICH EXHIBIT P8 WAS ISSUED.
Exhibit R2(b) TRUE COPY OF THE REPRESENTATION
SUBMITTED BY CONTRACTORS ASSOCIATION
BASED ON WHICH EXHIBIT P9 WAS ISSUED.
WP(C) NO. 22964 OF 2021 & con.cases 36
APPENDIX OF WP(C) 22950/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF NIT NO TSR/2018/10801 DATED
28.9.2019 ISSUED BY 5TH RESPONDENT
Exhibit P2 TRUE COPY OF LETTER NO DTT-10810/2018
DATED 19.11.2019 ISSUED BY 5TH
RESPONDENT
Exhibit P3 TRUE COPY OF IBG NO 103080 DATED
27.11.2019 OF FEDERAL BANK LTD
MALAPPURAM
Exhibit P4 TRUE COPY OF TREASURY SAVINGS BANK TERM
DEPOSIT CERTIFICATE NI JK NO 352846
DATED 30.11.2019 ISSUED FROM SUB
TREASURY, MANJERI
Exhibit P5 TRUE COPY OF COMPLETION CERTIFICATE
DATED 7.7.2021 ISSUED BY 5TH RESPONDENT
TO THE PETITIONER
Exhibit P6 TRUE COPY OF CC 1ST AND FINAL BILL DATED
NIL IN RESPECT OF EXT P1 WORK ISSUED BY
6TH RESPONDENT
Exhibit P7 TRUE COPY OF NIT NO RDDN TSR/RD/2020/835
DATED 4.9.2020 ISSUED BY 5TH RESPONDENT
Exhibit P8 TRUE COPY OF LETTER NO D3-2020/855 DATED
4.11.2020 ISSUED BY 5TH RESPONDENT
Exhibit P9 TRUE COPY OF IBG NO 111048 DATED
6.11.2020 OF FEDERAL BANK LTD MALAPPURAM
Exhibit P9(A) TRUE COPY OF IBG NO 111050 DATED
6.11.2020 OF FEDERAL BANK LTD,
MALAPPURAM
Exhibit P10 TRUE COPY OF TREASURY SAVING BANK TERM
DEPOSIT CERTIFICATE NI JL0193396 DATED
6.11.2020 ISSUED FROM SUB TREASURY,
MANJERI
Exhibit P10(A) TRUE COPY OF TREASURY SAVING BANK TERM
DEPOSIT CERTIFICATE NO JLO193397 DATED
6.11.2020 ISSUED FROM SUB TREASURY,
MANJERI
Exhibit P11 TRUE COPY OF COMPLETION CERTIFICATE
DATED 6.5.2021 ISSUED 5TH RESPONDENT TO
WP(C) NO. 22964 OF 2021 & con.cases 37
THE PETITIONER
Exhibit P12 TRUE COPY OF CC 1ST AND FINAL BILL DATED
IN RESPECT OF EXT P7 WORK
Exhibit P13 TRUE COPY OF GO(RT) NO 3815/2021/FIN
DATED 30.4.2021 ISSUED BY 3RD RESPONDENT
WITH TYPED COPY
Exhibit P14 TRUE COPY OF GO(RT0 NO 9386/2018/FIN
DATED 13.11.2018 ISSUED BY 3RD
RESPONDENT WITH TYPED COPY
Exhibit P15 TRUE COPY OF GO(RT) NO 2816/2020/FIN
DATED 17.4.2020 ISSUED BY 3RD RESPONDENT
WITH TYPED COPY
Exhibit P16 TRUE COPY OF GO(RT0 NO 5502/2020/FIN
DATED 25.9.2020 OF 3RD RESPONDENT WITH
TYPED COPY
Exhibit P17 TRUE COPY OF ORDER DATED 30.9.2021 IN
WPC NO 15722 OF 2021
WP(C) NO. 22964 OF 2021 & con.cases 38
APPENDIX OF WP(C) 23085/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LETTER NO.DCO7/RD/2020/2960
DATED 28.01.2021 ISSUED BY 5TH
RESPONDENT.
Exhibit P2 TRUE COPY OF PROFORMA ALONG WITH
RELEVANT PAGES OF AGREEMENT DATED
28.01.2021 ENTERED INTO BETWEEN
PETITIONER AND 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF COMPLETION CERTIFICATE
DATED 01.07.2021 ISSUED BY 5TH
RESPONDENT TO PETITIONER.
Exhibit P4 TRUE COPY OF RELEVANT PAGES OF CC 1ST
AND FINAL BILL DATED 26.07.2021.
Exhibit P5 TRUE COPY OF LETTER NO.A1-2683/2021
DATED 20.10.2021 ISSUED BY 6TH
RESPONDENT.
Exhibit P6 TRUE COPY OF GO(RT) NO.3815/2021/FIN
DATED 30.04.2021 ISSUED BY3RD
RESPONDENT.
Exhibit P7 TRUE COPY OF GO(RT) NO.9386/20189/FIN
DATED 13.11.2018 ISSUED BY 3RD
RESPONDENT.
Exhibit P8 TRUE COPY OF GO9RT0 NO.2816/2020/FIN
DATED 17.04.2020 ISSUED BY 3RD
RESPONDENT.
Exhibit P9 TRUE COPY OF GO(RT) NO.5502/2020/FIN
DATED 25.09.2020 OF 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF ORDER DATED 30.09.2021 IN
WPC NO.15722 OF 2021.
WP(C) NO. 22964 OF 2021 & con.cases 39
APPENDIX OF WP(C) 23608/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF WORK ORDER NO.DIT-1269/2019
DATED 2.8.2019 ISSUED BY 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF COMPLETION CERTIFICATE
DATED 30.4.2021 ISSUED BY 5TH
RESPONDENT.
Exhibit P3 TRUE COPY OF THE STATEMENT DATED NIL
WITH REGARD TO DIFFERENCE IN COST OF
BITUMEN OF EXT.P1 WORK.
Exhibit P4 TRUE COPY OF REQUEST DATED 26.8.2021
SUBMITTED BY PETITIONER TO 6TH
RESPONDENT.
Exhibit P5 TRUE COPY OF LETTER NO.D2-1269/2019
DATED 1.9.2021 ISSUED BY 6TH RESPONDENT.
Exhibit P6 TRUE COPY OF G.O.(RT) NO.3815/2021/FIN.
DATED 30.4.2021 ISSUED BY 3RD
RESPONDENT.
Exhibit P7 TRUE COPY OF G.O.(RT) NO.9386/2018/FIN.
DATED 13.11.2018 ISSUED BY 3RD
RESPONDENT.
Exhibit P8 TRUE COPY OF G.O.(RT) NO.2816/2020/FIN.
DATED 17.4.2020 ISSUED BY 3RD
RESPONDENT.
Exhibit P9 TRUE COPY OF G.O.(RT) NO.5502/2020/FIN
DATED 25.9.2020 OF 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF ORDER DATED 30.9.2021 IN
WPC NO.15722 OF 2021.
WP(C) NO. 22964 OF 2021 & con.cases 40
APPENDIX OF WP(C) 24694/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FORMAT OF NOTICE INVITING
TENDER.
Exhibit P2 TRUE COPY OF THE CONTRACT AGREEMENT
NO.102/SECCA/2019-20 DATED 18.11.2019
EXECUTED BETWEEN THE IST PETITIONER AND
3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE COMPLETION CERTIFICATE
FOR THE CONTRACT AGREEMENT
NO.102/SECCA/2019-20 DATED 18.11.2019.
Exhibit P4 TRUE COPY OF CONTRACT AGREEMENT
05/SECCA/2019-2020 DATED 27.05.2019
EXECUTED BETWEEN THE 2ND PETITIONER AND
3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE COMPLETION CERTIFICATE
FOR THE CONTRACT AGREEMENT
NO.05/SECCA/2019-2020 DATED 27.05.2019
Exhibit P6 TRUE COPY OF THE
G.O.(RT)NO.9386/2018/FIN DATED
13.11.2018.
Exhibit P7 TRUE COPY OF THE CIRCULAR DATED
15.2.2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P8 TRUE COPY OF THE G.O.(RT)
NO.3815/2021/FIN DATED 30.4.2021.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED IN
WPC NO.15722/2021 DATED 30.9.2021.
WP(C) NO. 22964 OF 2021 & con.cases 41
APPENDIX OF WP(C) 23576/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF WORK ORDER NO.DII-
10222/2019 DATED 26.7.2019 ISSUED BY 5TH
RESPONDENT.
Exhibit P2 TRUE COPY OF COMPLETION CERTIFICATE
DATED 3.5.2021 ISSUED BY 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE STATEMENT DATED NIL
WITH REGARD TO DIFFERENCE IN COST OF
BITUMEN OF EXT.P1 WORK.
Exhibit P4 TRUE COPY OF REQUEST DATED 26.8.2021
SUBMITTED BY PETITIONER TO 6TH
RESPONDENT.
Exhibit P5 TRUE COPY OF LETTER NO.D1-10222/2019
DATED 1.9.2021 ISSUED BY 6TH RESPONDENT.
Exhibit P6 TRUE COPY OF WORK ORDER NO.DIT-1269/2019
DATED 2.8.2019 ISSUED BY 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF COMPLETION CERTIFICATE
DATED 12.2.2021 ISSUED BY 5TH
RESPONDENT.
Exhibit P8 TRUE COPY OF THE STATEMENT DATED NIL
WITH REGARD TO DIFFERENCE IN COST OF
BITUMEN OF EXT.P6 WORK.
Exhibit P9 TRUE COPY OF REQUEST DATED 26.8.2021
SUBMITTED BY PETITIONER TO 6TH
RESPONDENT.
Exhibit P10 TRUE COPY OF G.O.(RT) NO3815/2021/FIN.
DATED 30.4.2021 ISSUED BY 3RD
RESPONDENT.
Exhibit P11 TRUE COPY OF G.O.(RT) NO.9386/2018/FIN.
DATED 13.11.2018 ISSUED BY 3RD
RESPONDENT ALONG WITH TYPED COPY.
Exhibit P12 TRUE COPY OF G.O.(RT) NO.2816/2020/FIN.
DATED 17.4.2020 ISSUED BY 3RD RESPONDENT
ALONG WITH TYPED COPY.
WP(C) NO. 22964 OF 2021 & con.cases 42
Exhibit P13 TRUE COPY OF G.O.(RT) NO.5502/2020/FIN.
DATED 25.9.2020 OF 3RD RESPONDENT ALONG
WITH TYPED COPY.
Exhibit P14 TRUE COPY OF ORDER DATED 30.9.2021 IN
WPC NO.15722 OF 2021.
