MANOJ 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.17718 of 2020 that Ext.P7 communication has been issued by the Superintending Engineer of the Public Works Department addressing the Government on this aspect and it has been stated that necessary modification of the software is to be carried out by the NIC 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.) The learned Government Pleader submits on instructions that the rectification of the EMLI has to be carried out by the Finance Department and that appropriate steps have been taken for such rectification which will be completed without delay. It is submitted that the request made by the petitioners for adjustment of pending bills as against the performance guarantee required for works which have been awarded to them can be done after the updation of the EMLI application without two weeks from the date of receipt of a copy of this judgment.