Disposed

R.Radhakrishnan Nair v. State of Kerala

Kerala HC7 Oct 2020WP(C)/17622/2020

Case brief

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What is this about?

The High Court of Kerala disposed of a writ petition filed by an electrical contractor seeking payment for completed work at a military camp. The court directed the government to take immediate steps to reallocate funds and pay the bill within three months due to insufficient allotment.

What did the court decide?

Directed immediate steps to take allotment towards payment of the bill within three months from the date of the order.

R.Radhakrishnan Nair Vs State of Kerala — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

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WP(C).No.17622 OF 2020(C)

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PETITIONER:

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R.RADHAKRISHNAN NAIR, AGED 52 YEARS, VASANTH POWER AND ELECTRICALS, PANGODE, THIRUMALA P.O., THIRUVANANTHAPURAM - 695 006.

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (BUILDINGS), PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033.

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3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (BUILDINGS DIVISION), P.M.G.JUNCTION, THIRUVANANTHAPURAM - 695 033.

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4 THE EXECUTIVE ENGINEER, PWD ELECTRICAL DIVISION, THIRUVANANTHAPURAM - 695 033.

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5 THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM - 695 005.

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6 THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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W.P.(C) No.17622 of 2020

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7 ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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8 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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BY ADV. SMT.VINITHA.B, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.17622 of 2020

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JUDGMENT

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The petitioner is a PWD Electrical Contractor, who completed the work of 'Providing temporary lighting arrangement and Generator Supply at Colachal Stadium in Pangodu Military Camp from 17-04-2018 to 27-04-2018' and 'Providing temporary lighting arrangements and Generator supply at Candidate temporary shelter from 17-04-2018 to 2704-2018' in connection with the Army Recruitment Rally, 2018.

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2. It is stated that the work was completed and bill was submitted by the Assistant Executive Engineer as early as on 07.12.2018 and request was made to the 5^th respondent on 08.02.2019. It is also stated that Government had also passed an order on 21.07.2020 for payment of the bill.

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3. The 4^th respondent has filed a statement without disputing the averments made by the petitioner relating to completion of work as well as presenting of the bills. It is stated that the bill was submitted before the District Collector

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W.P.(C) No.17622 of 2020

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for payment and administrative sanction was also issued by the Government on 21.07.2020. But it is stated that the amount allotted was not sufficient

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to meet the expenses in connection with the civil works and therefore the said amount was paid to the civil contractor and payment to petitioner can be

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made only when amount is reallotted by the Government. It is also stated that there is lack of funds to meet the expenses.

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The respondents do not dispute the fact that petitioner has completed the work and payment is due to the petitioner. Therefore immediate steps shall be taken to see that allotment is made towards the electrical expenses and for payment of the bill in respect of petitioner at the earliest, within a period of three months from today.

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Accordingly, the writ petition is disposed of.

Sd/-

P.V.ASHA JUDGE

W.P.(C) No.17622 of 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE LETTER DATED 13/4/2018
	ISSUED BY THE 2ND RESPONDENT TO 3RD RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE LETTER DATED 23/7/2018 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE RELEVANT PAGES OF BILL IN
	SBR NO.08/18-19, SUBMITTED BY THE
	PETITIONER BEFORE THE RESPONDENTS WITH APPROVAL OF THE 4TH RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE RELEVANT PAGES OF BILL IN
	SBR NO.09/18-19, SUBMITTED BY THE
	PETITIONER BEFORE THE RESPONDENTS WITH APPROVAL OF THE 4TH RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE COVERING LETTER NO.EDT/A1/ SP/336/2018-19, DATED 08/02/2019, ISSUED BY
	THE 4TH RESPONDENT, TO THE 5TH RESPONDENT FOR THE 1ST WORK.
EXHIBIT P6	TRUE COPY OF THE COVERING LETTER ELT/DB2/264/2018, DATED 17/12/2018, ISSUED
	BY THE ASST. EXECUTIVE ENGINEER ELECTRICAL TO THE 5TH RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE GOVT.ORDER (RT) NO.2400/ 2020/RD, DTD. 21/07/2020, ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION DATED
	20/05/2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

R.Radhakrishnan Nair v. State of Kerala

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R.Radhakrishnan Nair v. State of Kerala

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