Disposed

Aji Peter v. the Chief Engineer

Kerala HC17 Jan 2023WP(C)/1518/2023

Case brief

AI extract

What is this about?

A class PWD contractor challenged the termination of his work order. The court, observing the pleading of sympathetic consideration rather than a legal right, directed the 1st respondent to take a reasoned decision on the petitioner's representation after a hearing within three weeks. Coercive proceedings were stayed.

What did the court decide?

Directed the Chief Engineer to take a reasoned decision on the petitioner's representation within three weeks after an opportunity of hearing; coercive proceedings stayed.

Aji Peter Vs the Chief Engineer — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 17^TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944

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W.P.(C) NO.1518 OF 2023

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P ETITIONER:

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AJI PETER, AGED 52 YEARS, S/O. PATHROSE, KURUMPALAKKAT HOUSE,

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NECHOOR P.O., PIRAVOM, ERNAKULAM DISTRICT, PIN-681 064.

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BY ADVS.

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PHILIP J.VETTICKATTU SAJITHA GEORGE NEENU BERNATH

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RESPONDENTS:

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1 THE CHIEF ENGINEER, PWD, THIRUVANANTHAPURAM, PIN-695 033.

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2 THE SUPERINTENDING ENGINEER, PWD ROADS, NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE, PIN-673 001.

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3 EXECUTIVE ENGINEER, PWD ROAD, 3RD FLOOR, PWD COMPLEX, KOZHIKODE-673 020.

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SRI. P.S. APPU, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.1518 OF 2023

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JUDGMENT

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Dated this the 17^th day of January, 2023

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The petitioner, an A class PWD contractor, was awarded the work “Improvements to Kavil Theekkuni Kuttiadi Road 1/170 to 9/400 in Kozhikode District”. The agreement was executed on 20.12.2021 and the completion period was fixed as six months. The work involves maintenance of 3 Kms and BC work of 6 Kms. The petitioner could finish the maintenance work of the first 3 Kms by 13.06.2022. What remains is the BC work for the entire length, i.e., 9 Kms. According to the petitioner, while he was about to commence the BC work, monsoon intervened and the work had to be kept off. Added to this, bills for the executed work was not honoured, resulting in financial constraints. Due to the above factors, the petitioner was not able to finish the BC work within the time granted. Now, by Ext.P5, the petitioner's contract has been terminated. The petitioner has filed Ext.P6 representation, highlighting the factors which resulted in the

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W.P.(C) NO.1518 OF 2023

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work being delayed and assuring the authorities that, given an opportunity, he will complete the work without further delay. The petitioner has also requested to sanction and disburse the pending bills for Rs.70,00,000/- for the work already executed.

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Heard, learned Counsel for the petitioner and learned Government Pleader.

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Considering that the petitioner is limited his relief to the sympathetic consideration of Ext.P6, the writ petition is disposed of, directing the 1^st respondent to take a reasoned decision on the representation, after affording an opportunity of hearing to the petitioner. The decision, as directed above, shall be taken within three weeks of receipt of a copy of this judgment. Till such time, coercive proceedings, if any proposed, shall be kept on hold.

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Sd/- V.G. ARUN JUDGE

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bpr

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W.P.(C) NO.1518 OF 2023

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APPENDIX OF WP(C) 1518/2023

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE COMPETENT AUTHORITY ON 20.12.2021.

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EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE POWER OF ATTORNEY EXECUTED ON 13.05.2022. EXHIBIT P3 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED NIL.

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EXHIBIT P4 TRUE COPY OF THE LETTER, A REQUEST SUBMITTED BY THE PETITIONER DATED 02.12.2022.

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EXHIBIT P5 TRUE COPY OF THE PROCEEDING OF THE RESPONDENT DATED 03.01.2023.

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EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 06.01.2023.

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EXHIBIT P7 TRUE COPY OF THE SAID REQUEST DATED 12.01.2023.

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EXHIBIT P8 TRUE COPY OF THE G.O (RT) NO.226/2023/FIN DATED 11.01.2023.

Aji Peter v. the Chief Engineer

Case brief

What is this about?

What did the court decide?

Aji Peter v. the Chief Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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