Allowed

A.Subhash v. State of Kerala

Kerala HC18 Jan 2021WP(C)/469/2021

Case brief

AI extract

What is this about?

High Court directed Public Works Department respondents to manually adjust petitioner's pending bill towards performance guarantee per government order, despite software unavailability, and granted further extension for agreement execution.

What did the court decide?

Direction to respondents to consider request for adjustment of bill towards Performance Guarantee manually within two weeks and extension of time for execution of agreement by two weeks.

A.Subhash Vs State of Kerala — Property and Title | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

¶5

WP(C).No.469 OF 2021(G)

¶6

PETITIONER:

¶7

A.SUBHASH AGED 42 YEARS

¶8

S/O. ARAVINDAKSHAN, ALINGAL HOUSE, KADAMBIDI, CHITTILANCHERI P.O, PALAKKAD DISTRICT 678 704

¶9

BY ADVS. SRI.JACOB SEBASTIAN SRI.K.V.WINSTON SMT.ANU JACOB

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

¶12

2 THE SUPERINTENDING ENGINEER (ROADS DIVISION) OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, NORTH ZONE, PWD COMPLEX, MANANCHIRA, KOZHIKODE, PIN 673 001

¶13

3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD, PIN 678 001

¶14

4 THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

¶15

5 THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001

¶16

SR.GP.K.V.MANOJ KUMAR

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

WP(C).No.469 OF 2021(G)

¶19

¶20

J U D G M E N T

¶21

Petitioner, who was awarded the work of

¶22

improvements & providing BM & BC to VadakkenadaPathanapuram road as per Ext.P1 selection notice 23.12.2020, was directed to deposit the performance guarantee for a sum of Rs.12,38,100/- out of which 50% should be offered by way of Treasury Saving Deposits. Pointing out that a sum of Rs.14,50,441/- is due to the petitioner towards another work under a pending bill which is certified in Ext.P2 by the Executive Engineer, petitioner submitted an application for adjusting the same towards the Performance Guarantee. Executive Engineer as per Ext.P2(2) letter informed

¶23

the petitioner that bill amount would be accepted as

¶24

guarantee for new works being awarded, only for pending bills and that too only on the basis of indemnity certificate issued online in EMLI application. It is also stated that this application is not available in EMLI till date and pledging

¶25

WP(C).No.469 OF 2021(G)

¶26

¶27

procedure through EMLI cannot be done.

¶28

Petitioner points out that though the adjustment of pending bills was permitted by Government as per Ext.P3 order issued on 23.06.2020, so far the software is made operational and it would not be possible to furnish indemnity certificate issued online through EMLI. Relying on Ext.P5 judgment petitioner seeks a direction to the respondents to adjust the bill covered by Ext.P2 towards the Performance Guarantee.

¶29

Heard the learned counsel for the petitioner and the learned Government Pleader.

¶30

Government has issued Ext.P3 order as early as on 23.06.2020 permitting adjustment of pending

¶31

bills towards the Performance Guarantee for new work. After granting such a benefit it will not be appropriate for the respondents to deny the benefit of the same on the ground that indemnity certificate cannot be issued online through EMLI when the software is not made operational, so far. Therefore it would be

¶32

WP(C).No.469 OF 2021(G)

¶33

¶34

incumbent on the respondents to take steps for granting the benefit manually.

¶35

Therefore there shall be a direction to the respondents to consider the request of petitioner in Ext.P2(2) for adjustment of the bill covered by Ext.P2 towards Performance Guarantee and to grant the benefit under Ext.P3 order and to make the adjustment of pending bill manually within a period of 'two weeks' from the date of receipt of a copy of the judgment. Petitioner shall also be granted extension of time for execution of the agreement by a further period of 'two weeks'.

¶36

The writ petition is disposed of accordingly.

¶37

Sd/- P.V.ASHA, JUDGE

¶38

¶39

WP(C).No.469 OF 2021(G)

¶40

¶41

APPENDIX

¶42

PETITIONER'S EXHIBITS:

¶43

EXHIBIT	P1 A TRUE COPY OF THE DC03-PRICE/2019/248 ISSUED BY THE SECON	SLECTION NOTICE NO. 3 DATED 23-12-2020 D RESPONDENT
EXHIBIT	P2 A TRUE COPY OF THE LETTER DATED 04-01- THIRD RESPONDENT	CERTIFICATE AND 2021 ISSUED BY THE
EXHIBIT	P3 A TRUE COPY OF G.O( DATED 23-06-2020	RT) NO. 3834/2020
EXHIBIT	P4 A TRUE COPY OF THE 2020 ISSUED BY THE	LETTER DATED 28-07- SECOND RESPONDENT
EXHIBIT	P5 A TRUE COPY OF THE 17-01-2020 IN W.P(C THIS HONOURABLE COU	JUDGMENT DATED ) NO. 53/2020 OF RT
EXHIBIT	P6 A TRUE COPY OF THE AUGUST 25, 2020 IN AND CONNECTED CASES	JUDGMENT DATED WP(C) NO.17718/2020 .

A.Subhash v. State of Kerala

Case brief

What is this about?

What did the court decide?

A.Subhash v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Visakh .M.R Vs Kerala Water Authority

Soopi K.S. Vs the District Collector

Biju.P Vs Kerala State Civil Supplies Corporation Limited (Supplyco)

Shafeeque Rahman K.K. Vs Collector and Chairman

Lukmanul Hakeem M.K., Vs Collector and Chairman

Aboobacker Shahul Hameed Vs the District Level Authorization Committee for Transplantation of Human Organs