Pradip Kumar Das v. The State of Assam and 6 Ors

ORDER

16.02.2024

¶1Heard Mr. A. Dhar, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel for the PWD.

¶2The petitioner's grievance is the non-payment of his contractual dues after Page No.# 3/4 execution of his contract work, amounting to Rs.22,67,537/-, in connection with the contractual work "Improvement of Metd. Bordubi Dhekiajan Tipom Road in Tengakhat Road Sub-Division under Dibrugarh Road Division, under Non-Plan for 2001-2002 (Providing W.B.M. Patching, PC &SC & Gravelling in Side Berm at 11th to 12th KM".

¶3The petitioner had earlier approached this Court by way of WP(C) No. 3217/2011, which was disposed of vide order dated 24.06.2011, directing the respondents, i.e. the PWD, to deal with the grievance of the petitioner in accordance with the Full Bench judgment of this Court in the case of Tamsher Ali & Etc.Etc vs. State of Assam & Others, reported in 2008 (4) GauLT 1.

¶4Mr. B. Gogoi, learned Standing Counsel of the PWRD submits that the parawise comments given by the Executive Engineer, PWRD, Territorial Road Division, Dibrugarh (respondent no.6) which has been sent to the Chief Engineer, PWD (Roads), has been communicated to the him. In terms of the parawise comments, which has been forwarded by the Executive Engineer, PWRD to the Chief Engineer, PWD (Roads), vide letter dated 15.02.2024, the genuineness of the claim of the petitioner was verified on the basis of available papers in the office. The name of the petitioner was not found in the original chronological list available in the office for payment of his outstanding liabilities and the said findings were communicated to the Chief Engineer's office vide letter dated 24.02.2024. The parawise comments further states that the amount of Rs.22,67,537/- was received from the Chief Engineer's office vide No. DIB/PWR/003-DIV-2021-22(1)-60 dated 12.01.2022. Page No.# 4/4

¶5Mr. B. Gogoi, submits that in view of the parawise comments, a further verification may be done by the Chief Engineer's office and thereafter the amount found due, after verification, would be paid to the petitioner.

¶6On considering the letters dated 15.02.2024 & 24.02.2024 written by the respondent no.6 and the parawise comments dated 15.02.2024, this Court is of the view that the documents mentioned above imply that the petitioner's claim is genuine and his name was not considered earlier, due to the petitioner's name not being mentioned in the original chronological list available with the respondents, for payment of contractual dues. However, as consented by the parties, this writ petition is disposed of, with a direction to the Chief Engineer, PWD Roads to have a further verification of the petitioner's claim with regard to the amount found due by the respondent no.6. After verification of the amount payable to the petitioner, the admitted amount should be paid to the petitioner. The entire exercise should be concluded within a period of 3 (three) months, from the date of receipt of a certified copy of this order.

¶7The above letters dated 15.02.2024 & 24.02.2024 and the parawise comments are made a part of the record and marked as Annexure-X collectively.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010080692022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2827/2022o PRADIPoKUMARoDASo S/O-LATEoABHAYoCHARANoDASo R/O-oFATASILoAMBARI,o NRIPENoBORAoROADo GUWAHATI-781025o DIST-oKAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMMISSIONERoANDoSPECIALoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oPUBLICoWORKSoDEPARTMENTo oDISPUR,oGUWAHATI-781006o KAMRUPo(M),oASSAM 2:THEoDEPUTYoSECRETARY oTOoTHEoGOVT.oOFoASSAM oPUBLICoWORKSo(ROADS)oDEPARTMENTo(DEVELOPMENT) oASSAMoSACHIVALAYAo oDISPUR oGUWAHATI-781006o ASSAM 3:THEoDEPUTYoSECRETARY oTOoTHEoGOVT.oOFoASSAM oPUBLICoWORKSo(ROADS)oDEPARTMENTo(WORKS) oASSAMoSACHIVALAYAo oDISPUR oGUWAHATI-781006o ASSAM 4:THEoCHIEFoENGINEER oPWDo(ROADS) oASSSAM Page No.# 2/4 CHANDMARI GUWAHATI-781003 DIST- KAMRUP (M) ASSAM 5:THE SUPERINTENDING ENGINEER PWD DIBRUGARH ROADS CIRCLE DIBRUGARH ASSAM PIN-786001 6:THE EXECUTIVE ENGINEER PWD DIBRUGARH LAHOWAL MORAN AND TINGKHONG TERRITORIAL ROAD DIVISION DIBRUGARH ASSAM PIN-786001 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (BUDGET ) DEPARTMENT DISPUR GUWAHATI-78100 Advocate for the Petitioner : MR. A DHAR Advocate for the Respondent : SC, PWD BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA