Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 30TH DAY OF JANUARY 2020 / 10TH MAGHA, 1941 PETITIONER: C. ANIL KUMAR AGED 47 YEARS PWD CONTRACTOR, CHAPPOTHIL HOUSE, KUNNAMANGALAM P.O., KOZHIKODE-673 571. BY ADVS. SRI.JOMY GEORGE SRI.DEEPAK MOHAN SMT. CHITRA N. DAS SHRI.RISHAB S. RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE-673 020. 4 THE SUPERINTENDING ENGINEER, ROADS AND BRIDGES NORTH CIRCLE, PWD COMPLEX, MANACHIRA, KOZHIKODE-673 001. 5 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, KOYILANDY, KOZHIKODE-673 305. R4 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
This petitioner is a contractor undertaking works of the Public Works Department of the State Government. Now, the petitioner is awarded new works. Exts.P1 to P5 are the communications issued to the petitioner by the Department in this connection. It is stated that the petitioner is required
by the Department to furnish security deposit and performance guarantee for the works covered by Exts.P1 to P5 so as to enable the Department to enter into the requisite agreement for the execution of the works. The limited prayer made by the petitioner in the writ petition is for a direction to the respondents to accept his unpaid bills towards security deposit and performance guarantee for the work covered by Exts.P1 to P5.
2. A statement has been filed by the 4 th respondent
contending that adjusting pending bills towards security deposit and performance guarantee is not contemplated by the provisions of the PWD Manual. However, it is stated at paragraph 7 of the statement as follows:-
“It is submitted that the Executive Engineer confirmed that the bill “Provided drainage facilities on KTMAE Road between km 27/950 to 28/450” (Agt.No.EE/167/2018-19 dated 05.12.2018) was scrutinized and confirmed and the net amount payable to the Contractor is Rs.21,71,249/-.” It is seen that in large number of cases, this Court has
granted the relief sought for by the petitioner to similarly placed contractors. In the circumstances, the writ petition is allowed and the respondents are directed to adjust the unpaid bills of sufficient value to cover the amounts towards the security deposit and performance guarantee for the works covered by Exts.P1 to P5 communications. The period prescribed for execution of the agreement for the works will also stand extended by two weeks from the date of receipt of a copy of this judgment.
Sd/- ANU SIVARAMAN JUDGE Bng/31.01.2020 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF SELECTION NOTICE NO.DC 09/PRICE/2019/1883 DATED 09.12.2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF SELECTION NOTICE NO.AEE/D1/6673/2019 DATED 16.12.2019 EXHIBIT P3 TRUE COPY OF THE SELECTION NOTICE NO.AEE/D1/2036/2019 DATED 16.12.2019 EXHIBIT P4 THE TRUE COPY OF THE SELECTION NOTICE NO.AEE/D1/6684/2019 DATED 16.12.2019 EXHIBIT P5 TRUE COPY OF THE SELECTION NOTICE NO.AEE/D1/1834/2019 DATED 16.12.2019 EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 23.12.2019 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED BEFORE THE 5TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED BEFORE THE 4TH RESPONDENT. EXHIBIT P9 TRUE COPY OF THE ORDER DATED 30.11.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 23.12.2019 SENT BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 04.07.2017 IN WP(C) NO.20155/2017 PASSED BY THIS HON'BLE COURT.