Ajit Barman v. The State of Assam and 3 Ors

ORDER

28.05.2024

¶1Heard Mr. P.D. Bhuyan, learned counsel for the petitioner as well as Mr. I. Borthakur, learned counsel for the respondent PHE Department.

¶2The petitioner's case is that the petitioner has not been paid his contractual dues amounting to Rs.2,54,558/- for the work done against the following works : "i) Repairing of Raw and clear water pumping main at Belsor Pt-I PWSS, 2017-18,

ii) Repairing of submersible pump set at Jagara PWSS, 2016-17,

iii) Repairing of panel board (Electrical) at Jagara PWSS, 2016-17,

iv) Washing, Cleaning and recharging filter media including repairing of Internal connection at Jagara PWSS, 2016-17,

v) Repairing of distribution system including recharging of filter media at Gandhiya PWSS, 2017-18,

vi) Providing of Iron gate at Jagara PWSS, 2016-17 and

vii) Repairing of distribution system at Kakaya Pt-II PWSS, 2017-18 in the Executive Engineer (PHE) Belsor Division, Belsor"

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¶3The petitioner's counsel submits that the contractual dues of Rs.2,54,558/- has been admitted by the Executive Engineer (PHE), Belsor Division, vide the letter no. PHEE/BLR/AC-74/Pt-II/2019-20/2290 dated 09.01.2020 and the Statement of outstanding balance annexed to the said letter. He accordingly submits that a direction should be issued to the respondents to make payment of the admitted amount.

¶4Mr. I. Borthakur, learned counsel for the PHE Department, on the other hand submits that in terms of the judgment of the Full Bench of this Court passed in the case of Tamsher Ali vs. State of Assam & Others, reported in 2008 (4) GLT 1, the Full Bench of this Court has held that all claims for payment of outstanding dues would have to be admitted by the respective Chief Engineers of the concerned works Department or the Head of the Departments. He accordingly submits that the writ petition can be disposed of, if the Chief Engineer, PHE, Assam is allowed to re-verify the claim of the petitioner. If the claim is found to be correct, payment can be made to the petitioner.

¶5I have heard the learned counsels for the parties.

¶6A perusal of the records show that while the petitioner had filed this case for payment of his contractual dues on 07.01.2021, no affidavit has been filed by the respondent PHE Department, even after a lapse of 3 (three) years. Further, the counsel for the respondent has stated before this Court that despite letters having been written to the PHE Department seeking instructions, no instructions have been forthcoming from the Department except from the Executive Engineer concerned, which is to the effect that the claim of the Page No.# 4/4 petitioner is an admitted amount.

¶7In view of the judgment of the Full Bench of this Court in Tamsher Ali (supra), this Court directs the Chief Engineer, PHE, Assam to re-verify the claim of the petitioner and if it is found that the claim of the petitioner is correct, payment for the outstanding admitted liability should be made. The entire exercise should be concluded within a period of 1 (one) month from the date of receipt of a certified copy of this order.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010006582021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/335/2021o AJIToBARMANo S/OoLATEoSANTIRAMoBARMANo RESIDENToOFoVILLAGEoKAKAYA,oPOoKAKAYA,oPSoBELSOR,o781304,o NALBARI VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oPUBLICo HEALTHoENGINEERINGoDEPARTMENT,oDISPURoGUWAHATIo06,oASSAM 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERING oHENGRABARI oGUWAHATIo06 oASSAM 3:THEoSUPERINTENDINGoENGINEER oPUBLICoHEALTHoENGINEERINGo(PHE)o oNALBARIoNEARoCHOUDHURYoMARKET oNALBARI oPOoANDoDISToNALBARI oASSAM o781335 4:THEoEXECUTIVEoENGINEER oPUBLICoHEALTHoENGINEERINGo(PHE)oBELSORoDIVISION oBELSOR oPOoBELSOR o781304 oNALBARI Page No.# 2/4 ASSA Advocate for the Petitioner : MR. N D BHUYAN Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA