Allowed

Jadab Bhatacharjya v. the State of Assam and 7 Ors.

Gauhati HC11 May 2022WP(C)/1873/2018

Case brief

AI extract

What is this about?

The petitioner, a contractor, challenged the non-payment of admitted contractual bills by the Karbi Anglong Autonomous Council. The Court, noting the petitioner's urgent need for funds for his daughter's cancer treatment, ordered an immediate interim payment and directed the authorities to clear the full dues by year-end.

What did the court decide?

Direction to pay Rs. 3,00,000/- immediately by 15.08.2022; remainder to be sanctioned and paid by 31.12.2022.

Jadab Bhatacharjya Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010057952018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1873/2018

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JADAB BHATACHARJYA

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S/O LATE JATINDRA BHATTACHARJYA, WARD NO.3, BELTOLA ROAD, BOKAJAN, KARBI ANGLONG, PIN-782480

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VERSUS

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THE STATE OF ASSAM AND 7 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE SECRETARY PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR

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GUWAHATI-781006

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3:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-781036

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4:KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG-782460 REPRESENTED BY ITS PRINCIPAL SECRETARY

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5:THE SECRETARY

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PUBLIC HEALTH ENGINEERING DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU

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KARBI ANGLONG-782460

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6:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG-782460

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7:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT DIPHU RURAL W/S DIVISION KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG-782460

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8:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HOWRAGHAT DIVISION KARBI ANGLONG AUTONOMOUS COUNCIL HOWRAGHAT KARBI ANGLONG-78248

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Advocate for the Petitioner : MR. J DEKA

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Advocate for the Respondent : SC, P H E

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BEFORE

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THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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Order

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11.05.2022

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Heard Mr. J Deka, learned counsel for the petitioner. Also heard Mr. J Chutia, learned standing counsel for the KAAC and Mr. R Bora, learned standing counsel Public Health Engineering Department.

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The present petition is filed assailing the action of the respondent authorities in not paying the contractual bills amounting to Rs. 10,59,108/-

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against twelve (12) numbers of work orders issued by the Executive Engineer, PHE Department, Diphu Rural W/S Division and Rs. 4,39,001/- against two (2) numbers of work orders issued by the Executive Engineer, PHE Department, Howraghat Division, KAAC total amounting to Rs. 14,98,109/-.

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The learned counsel for the petitioner submits that such amount has been admitted by the competent authority i.e. Executive Engineer, PHE Department to be due to the petitioner and by his communication dated 21.08.2018 the Executive Engineer forwarded proposal to the respondent No. 5 for according financial sanction so that the petitioner could be paid the amount of Rs. 10,85,682/-.

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Mr. Deka further submits that by another communication dated 18.06.2018, the concerned Executive Engineer requested the Secretary PHED, KAAC, Diphu for sanction of the remaining of Rs. 4,06,202/-.

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Taking to the affidavit-in-opposition filed by the respondent Autonomous Council through its Additional Chief Engineer, PHED, Diphu respondent No. 6, Mr. Deka, learned counsel submits that the said respondent has unequivocally admitted their liabilities at paragraph 4. Mr. Deka further submits that the reason for non releasing the due to the petitioner is stated to be paucity of funds.

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Mr. J Chutia, learned standing counsel for the KAAC submits that the Autonomous Council is facing financial crisis, however, in spite of such financial

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crisis they are trying to pay the contractors their dues and he submits that as and when the funds are available, the petitioner shall be paid.

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Countering such argument, Mr. Deka, learned counsel for the petitioner submits that the petitioner cannot be allowed to wait infinity. In fact, the petitioner has not been able to treat his daughter who is having carcinoma rectum at the very young age of 32 years. Mr. Deka further submits that he is in a helpless situation at his old age and he is having no other source of money to treat his daughter.

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In that view of the matter and in view of the admission of the authority regarding their liability this court proposes to dispose of this writ petition in the following terms:

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I. The respondent KAAC in PHE Department shall place the budgetary proposal so far relating to the case of the petitioner in the supplementary budget.

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II. The State Government shall co-ordinate with the KAAC for sanction of such amount.

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III. On such sanction being made, the petitioner be paid his due within a period of 31.12.2022.

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IV. Taking note of the peculiar circumstances of the case as well as taking note of the fact that the petitioner’s daughter who is aged about 32 years is having carcinoma rectum and under treatment needs substantial amount of money immediately, it is directed that the respondent authority shall arrange an amount of Rs. 3,00,000/-

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and pay the petitioner within 15.08.2022.

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In the aforesaid terms, this writ petition is disposed of. No order as to cost.

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JUDGE

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Comparing Assistant

Jadab Bhatacharjya v. the State of Assam and 7 Ors.

Case brief

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Jadab Bhatacharjya v. the State of Assam and 7 Ors.

Case brief

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