Disposed

Dev Bala Salwan v. Health

Jharkhand HC22 Jan 2020WPC/368/2015

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking direction to respondents to pay Rs.49,35,244.00 for work done. The court directed the Secretary to decide the pending representation within six weeks and release admissible amount within four weeks.

What did the court decide?

Directed the Secretary to decide the petitioner's representation within six weeks and release admissible amount within four weeks thereafter.

Dev Bala Salwan Vs Health — Public Procurement and Tenders | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.368 of 2015

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Dev Bala Salwan, W/O- Col. K.K. Salwan (Retd.) Proprietor of M/s Burke Product India, a proprietorship firm having its registered office at 7026, pocket D-7, P.O. + P.S. Vasant Kunj, New Delhi.

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…… Petitioner

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Versus

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The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Office at Ranchi Project Building, Police Station and Post Office- Dhurwa, District- Ranchi.

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The Principal Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand at Nepal House, Police Station and Post Office- Doranda, District- Ranchi.

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The Chairman, Jharkhand Rural Health Society Mission, RCH Building, Post Office + Police Station-Namkom, District-Ranchi.

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The State RCH Officer, RCH Building, Post Office + Police StationNamkom, District-Ranchi.

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…… Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Anil Kumar Sinha, Sr. Advocate : Mr. Shashank Shekhar Prasad, Advocate For the Respondent-State : Mr. Manoj Tandon, A.A.G. : Mr. Ranesh Anand A.C. to A.A.G. ----------------------------

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05 / Dated 22^nd January, 2020

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1. Heard Mr. Anil Kumar Sinha, learned senior counsel for the petitioner assisted by Mr. Shashank Shekhar Prasad, and Mr. Manoj Tandon, learned A.A.G. appearing on behalf of the respondent-State assisted by Mr. Ranesh Anand, learned A.C. to A.A.G.

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2. The petitioner has preferred this writ petition for a direction upon the respondents to pay the admitted amount of Rs.49,35,244.00/- (Rupees Forty Nine Lakh Thirty Five Thousand Two Hundred Forty Four Only) to the petitioner appertaining to the work awarded to the petitioner for development of the Space/Room in Primary Health Centre at the installation sites of Vacci-Isotherm VC and DFZ Models in the State of Jharkhand vide Supply Order No.9/RCH/315 dated 14.05.2005.

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3. Mr. Anil Kumar Sinha, learned senior counsel for the petitioner submits that the bill was raised on 07.01.2006 after completion of the work as contained in Annexure-6 to the writ petition. He further submits that the amount in question has been admitted by the Secretary, Department of

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Health, Medical Education and Family Welfare, Government of Jharkhand, the said recommendation and approval of the Secretary has been brought on record as contained in Annexure-8 to the writ petition. Although, the recommendation of Secretary is there but it transpires that the decision of the Government is required for payment of the said amount in question.

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4. Mr. Manoj Tandon, learned A.A.G. appearing on behalf of the respondentState fairly submits that if the representation of the petitioner is pending before the Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand the claim of the petitioner will be decided and will pay the admissible amount, if the petitioner is found entitle.

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5. In view of the above limited prayer of the petitioner and fair submissions of Mr. Manoj Tandon, learned A.A.G. appearing on behalf of the respondent-State, the Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand is directed to decide the representation filed by the petitioner within a period of six weeks from the date of receipt/production of copy of this order. If the amount in question is admissible, it is expected that he will release the amount in question in favour of the petitioner within four weeks thereafter the Secretary will communicate the order to the petitioner.

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6. Accordingly, the writ petition with the above observation and direction disposed of.

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(Sanjay Kumar Dwivedi, J.)

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Madhav/-

Dev Bala Salwan v. Health

Case brief

What is this about?

What did the court decide?

Dev Bala Salwan v. Health

Case brief

What is this about?

What did the court decide?

What the court decided

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