M/S. Naveen Engineering Works vs The General Manager
2021 Latest Caselaw 21129 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021/28TH ASWINA, 1943
                     WP(C) NO. 21081 OF 2021


PETITIONER:

         M/S. NAVEEN ENGINEERING WORKS,
         NO.870, 2ND MAIN, 2ND CROSS,
         D BLOCK, 2ND STAGE, RAJAJI NAGAR,
         BANGALORE 560 010, REPRESENTED BY
         ITS POWER OF ATTORNEY HOLDER
         JAGADEESH S.R., AGED 34 YEARS,
         S/O. RADHAKRISHNAN, SARAYOO MELUR,
         CHENGOTTUKAVU, MELUR, KOZHIKODE 673 306.

         BY ADVS.
         S.SHANAVAS KHAN
         S.INDU
RESPONDENTS:

    1    THE GENERAL MANAGER, SOUTHERN RAILWAY,
         HEAD QUARTERS OFFICE PARK TOWN,
         CHENNAI 600 003.

    2    THE CHIEF ADMINISTRATIVE OFFICER
         (CONSTRUCTION), SOUTHERN RAILWAY
         HEAD QUARTERS OFFICE, PARK TOWN,
         EGMORE, CHENNAI 600 003.

    3    THE DEPUTY CHIEF SIGNAL AND
         TELECOMMUNICATION ENGINEER (CONSTRUCTION),
         SOUTHERN RAILWAY, GCDA COMPLEX, 2ND FLOOR,
         ERNAKULAM 682 016.

    4    THE SENIOR DIVISIONAL SIGNOL AND
         TELECOM ENGINEER /TVC SOUTHERN RAILWAY,
         THIRUVANANTHAPURAM 695 584.

         BY ADV SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.21081/2021

                               2




                         JUDGMENT

Dated this the 20th day of October, 2021

The petitioner who has undertaken the work of

"Provision of Indoor and Outdoor Signalling and Telecom

Arrangements at Kochuveli in connection with proposed

augmentation of coaching facilities" tendered by the 3 rd

respondent, has filed this writ petition seeking to direct the

respondents to release the amount of `4,16,23,684/- due to

the petitioner towards first, second and third part bills

claimed as per Exts.P3, P4 and P7 in respect of the work

undertaken on the strength of Exts.P1 and P2 forthwith.

2. The petitioner states that he is a running Railway

Contractor and has undertaken the afore work as disclosed

from Exts.P1 and P2. The total value of the work comes to

`8,14,06,714/-. The petitioner claims that he has WP(C)No.21081/2021

completed 70% of the work and supplied more than 60% of

the materials. The petitioner submitted Exts.P3, P4 and P7

part bills totalling value of which `4,16,23,684/-. Though

the 3rd respondent has verified, recorded satisfaction and

recommended the payments, no amount is disbursed to the

petitioner so far. It is in such circumstances, that the

petitioner is before this Court.

3. Respondents 1 to 4 filed a statement. The

respondents stated that the petitioner has completed major

portion of the supply and works satisfactorily. In proportion

to the works completed, three on account bills amounting to

`4,16,23,684/- were certified and forwarded to Railway

Accounts for payment.

4. The respondents stated that the above bills were

not passed since funds were not allotted to this under the

head of "Traffic Facilities" for the year 2021-22.

Correspondence with Railway Board, New Delhi for WP(C)No.21081/2021

allotment of funds is in progress from April, 2021. The

initial proposal for re-appropriation of funds from other

expenditure heads was returned by the Railway Board with

queries and reply to Board is pending at various levels of

Railway administration. The exact date of allotment of

funds for the above work in this financial year is not yet

clear at present. Once the bills receives finance

concurrence and final approval of Head of Department i.e.,

Chief Administrative Officer, the approved amount by the

Railway Administration will be paid without any delay.

5. From the statement of respondents 1 to 4, it is

evident that the amounts have been recommended by the

Railway Accounts for payment. However, under the

procedural requirements of the Department of Railway, a

financial concurrence and final approval by the Chief

Administrative Officer representing the Railway Board is

needed. The learned Standing Counsel submitted that the WP(C)No.21081/2021

amounts will be disbursed as soon as such concurrence

and approval is received, within a reasonable time subject

to the availability of funds.

In such circumstances, the writ petition is disposed of

directing the respondents to disburse the amount approved

pursuant to Exts.P3 bill within a period of two months and

the amount approved under Exts.P4 and P7 within a further

period of one month thereafter.

Sd/-

N. NAGARESH JUDGE ncd/20.10.2021 WP(C)No.21081/2021

APPENDIX OF WP(C) 21081/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE NO. ERS/SG/CN/KCVL/ID&OD/ 151 DATED 0103/2021 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF AGREEMENT NO. ERS/SG/CN/CONT/KCVL/OD& ID/151 DATED 26/3/2021 BETWEEN THE PETITIONER AND THIRD RESPONDENT.

Exhibit P3 TRUE COPY OF THE FIRST PART BILL ALONG WITH INVOICE DATED 13/4/2021 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE SECOND PART BILL ALONG WITH INVOICE DATED 21/04/2021 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 29/04/2021 ISSUED BY THE FIRST RESPONDENT TO THE CHAIRMAN RAILWAY BOARD.

Exhibit P6 TRUE COPY OF THE LETTER DATED 07/07/2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P7           TRUE COPY OF THE THIRD AND PART BILL
                     DATED    07/09/2021    SUBMITTED    BY
                     PETITIONER TO THE 3RD RESPONDENT.
Exhibit P8           TRUE   COPY   OF  THE   LETTER   DATED

06/09/2021 ISSUED BY PETITIONER TO THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 20/09/2021 ISSUED BY PETITIONER TO THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE PRINT OUT TAKEN FROM THE WEBSITE OF RAILWAY.