Rama Kanta Deb v. The State of Assam and 5 Ors

ORDER Date : 30.09.2024

Heard Mr. A. Baruah, learned counsel for the petitioner. Also heard Mrs. S. Sarma, learned Standing Counsel for the Health Department.

¶2The petitioner, who is a contractor, has prayed for payment of his contractual dues amounting to Rs.33,62,219/- for "Construction of State Art Mortuary Building F&SM Department at SMCH Silchar". Page No.# 3/5

¶3The petitioner's counsel submits that despite the contract work being completed and a completion certificate dated 29.11.2021 being issued by the Executive Engineer, PWD, Silchar Building Division, the petitioner has not been paid his contractual dues.

¶4Mrs. S. Sarma, learned Standing Counsel for the Health Department has submitted letter No. DME.Budget/552732/115 dated 27.09.2024, issued by the Director, Medical Education, Assam, which is addressed to the Addl. Secretary to the Government of Assam, Medical Education & Research Department, Dispur, wherein the Government has been requested to take necessary steps for release of Rs. 33,62,219/- in favour of the petitioner.

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

¶6The letter dated 27.09.2024 issued by the Director, Medical Education, Assam is made a part of the record and marked as Annexure-X.

¶7The letter dated 27.09.2024 issued by the Director, Medical Education states as follows:- "From

Prof.(Dr.) Anup Kr. Barman, Director of Medical Education, Assam.

To, The Additional Secretary to the Govt. of Assam, Medical Education & Research Deptt. Dispur Guwahati-06. Page No.# 4/5

Sub- Regarding WPC No. 4225/2024 (Roma Kanta Dev-vs-State of Assam) related to "Construction of State Art Mortuary Building F&SM Department at SMCH, Silchar".

Ref: No. SMC/PG-UP/2021/1074 Dated 29-01-2022.

Madam,

With reference to the subject cited above, I have the honour to submit herewith a sanction and FOC proposal as received from SMC&H, Silchar for release of an amount of Rs. 33,62,219/- (Rupees Thirty Lakh Forty Two Thousand One Hundred Five) only regarding "Construction of State Art Mortuary Building F&SM Department at SMCH, Silchar" under the CSS for "Strengthening and upgradation of State Government Medical Colleges for starting new Postgraduate disciplines and increasing postgraduate seats". It may be mentioned that, GoI had released Rs. 13.2144 Cr. as central share (funding ratio 90:10), out of which expenditure was made for Rs. 9.28 Cr. As such, unspent balance of central share Rs. 3.9344 Cr. is in the state exchequer. It may be stated that, HoA's "2210-05-105-0739-110-32-99" CSS and "2210-05-105-0739-110-32-99" SOPD-SS are not available since 2020-21 till current F/Y 2024-25 in the budget book Grant No. 28. Accordingly, Government is requested to kindly take necessary steps regarding release of the outstanding payment amount of Rs. 33,62,219/- in connection with WP(C) No. 4225/2024 (Roma Kanta Dev-vs-State of Assam) and also creation of the specific HoA for the above-mentioned Scheme."

¶7A perusal of the above letter dated 27.09.2024 clearly shows that the State respondents have admitted their liability towards the petitioner for an amount of Rs.33,62,219/- and that there is unspent balance of the Central share in the State exchequer, from which the petitioner can be paid his dues.

¶9In light of the said letter dated 27.09.2024, the respondents are directed to pay to the petitioner the admitted amount of Rs.33,62,219/-, within a period Page No.# 5/5 of 4 (four) months from the date of receipt of a certified copy of this order.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010168122024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4225/2024o RAMAoKANTAoDEBo SONoOFoLATEoRAKESHoCHANDRAoDEB,oRESIDENToOFoDEBS,oOPPOSITEo TREASURYoOFFICE,oSADARGHAToROAD,oSILCHAR,oPIN-o788001,oDISTRICT-o CACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT,oGROUNDo FLOOR,oBLOCK-D,oJANATAoBHAWAN,oDISPUR,oGUWAHATI,oPIN-o781006,o DISTRICT-oKAMRUPo(M),oASSAM 2:THEoSPECIALoCOMMISSIONERoANDoSPECIALoSECRETARYoTOoTHEoGOVT. OFoASSAM oPWDo(BUILDINGoANDoNH) oGROUNDoFLOOR oBLOCK-D oJANATAoBHAWAN oDISPUR oGUWAHATI oPIN-o781006 oDISTRICT-oKAMRUPo(M) oASSAM 3:THEoDIRECTORoOFoMEDICALoEDUCATION oASSAM oSIXoMILE oKHANAPARA oGUWAHATI oPIN-o781022 oDISTRICT-oKAMRUPo(M) oASSAM Page No.# 2/5 4:THE CHIEF ENGINEER PWD (BUILDING) ASSAM CHANDMARI GUWAHATI PIN- 781003 DISTRICT- KAMRUP (M) ASSAM 5:THE EXECUTIVE ENGINEER PWD SILCHAR BUILDING DIVISION SILCHAR PIN- 788001 DISTRICT- CACHAR ASSAM 6:THE PRINCIPAL-CUM-CHIEF SUPERINTENDENT SILCHAR MEDICAL COLLEGE AND HOSPITAL SILCHAR PIN- 788014 DISTRICT- CACHAR ASSA Advocate for the Petitioner : MR G CHOUDHURY, MR ARINDAM BARUAH,MR. N BHATRA Advocate for the Respondent : SC, HEALTH, SC, PWD (BULDING) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA