Disposed¶46

Smti Rupali Bordoloi v. the Assam Power Distribution Company Ltd. and 4 Ors.

Gauhati HC6 Jan 2025WP(C)/1354/2016

Case brief

AI extract

What is this about?

WP(C)/1354/2016, Gauhati High Court, decided 07.01.2025 by Michael Zothankhuma, J. Petitioner Smti Rupali Bordoloi versus APDCL/UAEDCL/ASEB officials. Unpaid, time-barred contractual dues of deceased contractor Bipin Chandra Bordoloi for works executed 1996-1998 under Teok Electrical Division; follows Abdul Kasem Ali Ahmed vs. State of Assam & Others, 2007 (1) GauLT 784. Direction to pay Rs.1,55,152.50 within 10 weeks; petition disposed of.

What did the court decide?

Respondents directed to pay the petitioner Rs.1,55,152.50, the admitted unpaid contractual dues of her late husband, within 10 (ten) weeks from the date of receipt of a certified copy of the order; the letter dated 04.01.2025 and the enclosed Statement taken on record and marked Annexure-X collectively. ¶46

Smti Rupali Bordoloi Vs the Assam Power Distribution Company Ltd. and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are liable to pay the unpaid contractual dues of the petitioner's late husband for works executed under the Teok Electrical Division, and if so, in what amount.

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Court's answer

On the basis of the letter dated 04.01.2025 of the Assistant General Manager, Teok Electrical Division, APDCL and the enclosed Statement, the admitted liability payable by the APDCL to the petitioner's husband is Rs.1,55,152.50; the respondents are directed to pay that amount to the petitioner within 10 (ten) weeks from receipt of a certified copy of the order.

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Detailed headnote1 paragraphs

Gauhati High Court (Michael Zothankhuma, J.), order dated 07.01.2025 in WP(C)/1354/2016 — Smti Rupali Bordoloi v. The Assam Power Distribution Company Ltd. & 4 Ors. Held: on the basis of the letter dated 04.01.2025 of the Assistant General Manager, Teok Electrical Division, APDCL and the enclosed Statement showing the admitted liability, the respondents were directed to pay the petitioner Rs.1,55,152.50 as the unpaid contractual dues of her late husband, contractor Late Bipin Chandra Bordoloi, who executed works during 1996-1998 under the Teok Electrical Division of Jorhat Electrical Circle, ASEB, within 10 (ten) weeks of receipt of a certified copy of the order. The letter and Statement were made part of the record as Annexure-X. The proceedings trace to this Court's earlier order dated 07.02.2007 in Abdul Kasem Ali Ahmed vs. State of Assam & Others, 2007 (1) GauLT 784, directing evolution of a policy for payment of time-barred dues; the petitioner had claimed Rs.2,53,978/- by representation dated 28.07.2008. Writ petition disposed of.

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GAHC010229232016

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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)/1354/2016

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SMTI RUPALI BORDOLOI

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W/O LT. BIPIN CHANDRA BORDOLOI R/O RUPNAGAR, CHINNAMARA P.O. CINNAMARA P.S. CINNAMARA DIST. JORHAT, ASSAM PIN - 785008.

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VERSUS

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THE ASSAM POWER DISTRIBUTION COMPANY LTD. and 4 ORS REP. BY ITS GENERAL MANAGER, BIJULI BHAWAN, PALTAN BAZAR, GUWHATI - 781001.

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2:THE GENERAL MANAGER JORHAT ELECTRICAL CIRCLE UPPER ASSAM ELECTRICITY DISTRIBUTION CO. LTD. JORHAT ASSAM PIN - 785001.

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3:ASSISTANT GENERAL MANAGER

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TEOK ELECTRICAL DIVISION TEOK ASSAM POWER DISTRIBUTION COMPANY LTD. JORHAT ASSAM PIN 078512

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4:THE SENIOR MANAGER TEOK ELECTRICAL DIVISION TEOK ASSAM POWER DISTRIBUTION COMPANY LTD. JORHAT ASSAM PIN - 785112.

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5:THE SUB-DIVISIONAL ENGINEER

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KAKAJAN ELECTRICAL SUB-DIVISION ASSAM POWER DISTRIBUTION COMPANY LTD. KAKAJAN JORHAT ASSAM PIN-78510

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Advocate for the Petitioner : MRS.B DAS, MR.T R SARMA

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Advocate for the Respondent : SC, APDCL,

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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07.01.2025

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Heard Mr. T.R. Sarma, learned counsel for the petitioner as well as Mr. R. Bora, learned counsel for all the respondents.

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The case of the petitioner is that her husband Late Bipin Chandra Bordoloi executed some contractual works between 1996 and 1998 under the Teok Electrical Division of Jorhat Electrical Circle of the Assam State Electricity Board (ASEB). After completing the works, the petitioner’s husband expired. The petitioner wife thereafter filed WP(C) 3306/2004 claiming the contractual dues payable to her husband.

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This Court disposed of the petitioner’s WP(C) 3306/2004 along with other writ petitions, vide order dated 07.02.2007, in the case of Abdul Kasem Ali Ahmed vs. State of Assam & Others, reported in 2007 (1) GauLT 784 , by directing the State respondents to evolve a policy for the purpose of deciding as to when the time-barred dues of a contractor or supplier would be paid and in what manner such a time barred due would be paid. The policy so evolved was to apply to all departments including the ASEB. This Court in the above case

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further held that the unpaid time-barred dues of the petitioner and others would have to be considered by the State Government on the basis of the policy to be evolved by them.

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Subsequent to the above the directions passed by this Court in Abdul Kasem Ali Ahmed (supra) , the Deputy General Manager, Jorhat Electrical Circle, UAEDCL conducted a meeting on 24.01.2008 regarding the petitioner’s case, in terms of the order passed in Abdul Kasem Ali Ahmed (supra) and resolved as follows :

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“The meeting discussed about the outstanding payment of Late Bipin Chandra Bordoloi, contractor, claimed by his wife. The Hon'ble High Court also passed an order to pay her outstanding payment. In this regard the Senior Manager, Teok Elect. Division has submitted a statement showing work order Nos. and name of the Sub-Divisions under which works were conducted. The works were executed during the period 1996-97 and 1998. Sri Binod Bailung and Sri Nurul Hussain, retired then Senior Manager and Asstt. Executive Engineer are present in the meeting. The DGM, Jorhat Elect. Circle asked both the officers to submit their report for execution of works under Teok Elect. Division by Late Bipin Chandra Bordoloi, Contractor during their tenure their tenure at Teok Elect. Division. On proper verification of the various works done statements Sri Bailung, now Senior Manager, Jorhat Elect. Division-II and Sri Nurul Hussain, Retd. AEE submitted separate report of work executed by Late Bipin Ch. Borcodoi. On the basis of their report the Dy. General Manager, Jorhat Elect. Circle instructed the Senior Manager, Teok Elect. Division to prepare and submit the Bills to the Office of the Dy. General Manager, Jorhat Elect. Circle for requisition of fund and payment (Annexure- I & II enclosed)”

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The petitioner also made a representation to the Chairman/Secretary,

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ASEB on 28.07.2008 claiming unpaid contractual dues amounting to Rs.2,53,978/-.

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The Deputy General Manager, Jorhat Elect. Circle UAEDCL thereafter wrote a letter dated 09.08.2008 to the Senior Manager, Teok Electrical Division, UAEDCL, Teok, in terms of the meeting minutes dated 24.01.2008, directing him to take necessary initiative for preparation of bills of the Late Bipin Chandra Bordoloi at Sub Divisional Level and to pass the bill to the Deputy General Manager by 25.08.2008.

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The Executive Engineer, Teok Electrical Division, ASEB, Teok, Jorhat thereafter wrote a letter dated 05.02.2009 to the Deputy General Manager, Jorhat Electrical Circle, UAEDCL, Jorhat, stating that the following works had been completed by the petitioner’s husband Late Bipin Chandra Bordoloi, which is as follows :

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“

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Sl.	Description of works	Status of	Order nos.
No.		works
1.	Kutir Jyoti - House connection in the year of 1995-96: 16 Nos. connection @ Rs. 395/- for each connection under Teok Elec. Sub- Div.	Work completed	T-3/96/1122 dt. 28/05/1996
2	Jungle Cutting works in the year 1997-98 under Kakojan Elec. Sub. Divn. 135 work days, 10 labours each day, @ Rs. 48/- to each labour as	Work completed	T-3/1456 dt. 19/08/1997

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“

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	per ASEB Rules dt. 17-06- 1997 (ZPC)
3.	REC Scheme works at Holongapar Grant under Schemeyear 1994-95	works completed	(i) T-3/96/832 dt 10-04-1996 (ii) T-3/96/834 dt 10-04-1996 (iii) T-3/96/836 dt 10-04-1996 (iv) T-3/96/838 dt 10-04-1996

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“In this Concern, I would like to inform you that, may be the due to the death of Bipin Ch. Bordoloi, the non-payment matter of outstanding bills of aforesaid works could not be proceeded for non-placing of work orders, final bills of above mentioned works through proper ways and norms at Teok Elec. Divisional Office. I have no any objection for the release of outstanding payment of aforesaid works to the wife of Late B.C. Bordoloi.”

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The counsel for the respondents submits that the petitioner’s husband had been allotted some works and that some of the allotted works had been completed by the petitioner’s late husband, for which payment of the bills for the completed works had been made.

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Mr. R. Bora, learned counsel for all the respondents has submitted letter no.AGM/TED/UAR/APDCL/T-1/2024-2025/659 dated 04.01.2025 issued by the Assistant General Manager, Teok Electrical Division, APDCL, Teok, which states that subsequent to a meeting with the petitioner and submission of copies of

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work orders and work completion certificates, it was seen that few payments have already made to the petitioner’s husband. The letter also states that there was Statement showing payments already made and amounts to be paid to the contractor, which was enclosed along with it, as Annexure-1. The said Annexure-1 shows that the petitioner is liable to receive Rs.1,55,152.50 as the unpaid dues of her husband. He accordingly submits that the said amount will be paid to the petitioner.

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I have heard the learned counsels for the parties.

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A perusal of the letter dated 04.01.2025 issued by the Assistant General Manager, Teok Electrical Division, APDCL and the enclosed Statement therein shows that the admitted liability payable by the APDCL to the petitioner’s husband is Rs.1,55,152.50. Accordingly, the respondents are directed to pay to the petitioner the above said amount, within a period of 10 (ten) weeks from the date of receipt of a certified copy of this order.

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The letter dated 04.01.2025 issued by the Assistant General Manager, Teok Electrical Division, APDCL and the Statement enclosed along with it are made a part of the record and marked as Annexure-X Collectively.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner's husband Late Bipin Chandra Bordoloi executed contractual works between 1996 and 1998 under the Teok Electrical Division of Jorhat Electrical Circle of the Assam State Electricity Board (ASEB); after completing the works, he expired.¶22
Prior proceeding
Petitioner filed WP(C) 3306/2004 claiming the contractual dues payable to her husband.¶22
Prior proceeding
This Court disposed of WP(C) 3306/2004 along with other writ petitions vide order dated 07.02.2007 in Abdul Kasem Ali Ahmed vs. State of Assam & Others (2007 (1) GauLT 784), directing the State respondents to evolve a policy for payment of time-barred dues of contractors/suppliers, applicable to all departments including ASEB, and held that unpaid time-barred dues would have to be considered on the basis of the policy so evolved.¶23
Prior proceeding
Pursuant to the directions in Abdul Kasem Ali Ahmed (supra), the Deputy General Manager, Jorhat Electrical Circle, UAEDCL conducted a meeting on 24.01.2008 regarding the petitioner's case and resolved that the Senior Manager, Teok Electrical Division prepare and submit bills of Late Bipin Chandra Bordoloi to the DGM's office for requisition of fund and payment.¶26
Prior proceeding
Petitioner made a representation to the Chairman/Secretary, ASEB dated 28.07.2008 claiming unpaid contractual dues of Rs.2,53,978/-.¶30
Prior proceeding
Deputy General Manager, Jorhat Elect. Circle, UAEDCL, by letter dated 09.08.2008, directed the Senior Manager, Teok Electrical Division to initiate preparation of bills of Late Bipin Chandra Bordoloi at Sub-Divisional level and pass the bill to the DGM by 25.08.2008.¶31
Prior proceeding
Executive Engineer, Teok Electrical Division, ASEB, by letter dated 05.02.2009, listed works completed by Late Bipin Chandra Bordoloi and recorded no objection to release of the outstanding payment of the aforesaid works to his wife.¶38
Prior proceeding
By letter dated 04.01.2025 issued after a meeting with the petitioner and submission of work orders/completion certificates, the Assistant General Manager, Teok Electrical Division, APDCL stated that few payments had already been made and enclosed a Statement (Annexure-1) showing the petitioner is liable to receive Rs.1,55,152.50 as unpaid dues; counsel submitted the amount would be paid.¶42

Smti Rupali Bordoloi v. the Assam Power Distribution Company Ltd. and 4 Ors.

Case brief

What is this about?

What did the court decide?

Smti Rupali Bordoloi v. the Assam Power Distribution Company Ltd. and 4 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

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