LAWS(KER)-2024-1-198

VARGHESE SCARIA Vs. STATE OF KERALA

Decided On January 25, 2024
Varghese Scaria Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners in these cases are contractors who have entered into contracts with the Public Works Department (PWD)of the Government of Kerala, qua road work involving bitumen.

(2.) The petitioners assert that as per four Government Orders, namely, the ones dtd. 13/11/2018, 17/4/2020, 25/9/2020 and 30/4/2021, certain specific benefits were given to all the contractors, which enabled them to claim the difference of the cost of bitumen between the date of the Agreement and the date of invoice; and that though the Authorities had granted such benefits to various others, they have been singled out and discriminated, in being denied it.

(3.) Smt.R.Ranjanie - learned counsel appearing for the petitioners in WP(C)No.32096/2022, assertively argued that the flow of benefit from the afore four Government Orders clearly was available to her client - whose Agreement was entered into on 17/11/2022, which is evident from Exts.P8, P13, P15 and P16 - but that it has not been afforded to him, though; through the subsequent Government Order dtd. 26/8/2022, the Government made it clear that the payment of the price difference, as ordered in the aforementioned four Government Orders, would stand withdrawn with retrospective effect, but for all future tenders alone. She, therefore argued that her client is entitled to claim the benefits, as admitted in Ext.P8; and thus, prayed that the respondents be directed to disburse the amount mentioned therein without any avoidable delay.