4 . Mr. B. Goswami, the learned Additional Advocate General submits that he has received an instruction from the Assistant Chief Engineer, Water Resources Department, Chandmari, who has issued the said instruction on behalf of the Chief Engineer, Water Resources Department, Chandmari, wherein it has been inter alia mentioned that there is a balance amount of Rs.22,54,370/- and Rs.14,13,087/- totalling to Rs.36,67,457/- which the respondent authorities are liable to pay to the Petitioner. But as the works awarded to the Petitioner under the different Heads of Account including Account No. 4711 (FMP) to be executed under the control of the Guwahati West Water Resources Division and as per the existing policy, 30% is State share and 70% is the Central share in respect to the two schemes. It is on account of non-receipt of funds from the Central share that the respondent authorities have not been able to make the payment to the petitioner and the department shall make the payment to the Petitioner as soon as the funds are received under the proper Head of Account. It has also been mentioned that there has been no inordinate delay on the part of the department in as much as, the concerned respondent authorities are taking appropriate steps for getting the funds and on receiving of the FOC under the proper of Head account payment would be made. The said instruction which has been handed over to this Court and is made a part of the instant records and marked as letter ‘X’.
