MOHAMMED SHABAS C.T Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed seeking directions to the respondents to adjust the performance guarantee required in terms of fresh award of works to the petitioners from sanctioned bills pending for payment to them.

(2.) It is submitted by the learned counsel for the petitioners that though the petitioners are entitled to the benefit of Government Order dated 23.06.2020, which provides for adjustment as against the performance guarantee, the appropriate further action has not been taken only due to the fact that the software is not modified permitting the updation of the Indemnity Certificate in the EMLI application. It is stated by the learned counsel for the petitioner in WP(C) No.19775 of 2020 that Ext.P7 communication has been issued by the Executive Engineer of the Public Works Department in which it has been stated that necessary modification of the software is to be carried out so as to enable the adjustment of the bills as provided in the Government Order dated 23.06.2020. It is further submitted by the learned counsel for the petitioners that the work bill will be accepted only on the basis of indemnity certificate issued online in EMLI application.

(3.) Having considered the contentions advanced, there will be a direction to the respondents to consider the request of the petitioners and to grant the benefits of the Government Order dated 23.06.2020 and for adjustment of pending bills against performance guarantee, within a period of two weeks from the date of receipt of a copy of this judgment. In case the EMLI application is not rectified by then, appropriate steps shall be taken by the respondents to carry out the adjustments manually and to permit the petitioners to enter into the agreements and to carry out the work as per the agreements. It is made clear that the time for entering into the agreements will stand extended till the directions as above are complied with.