K.ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is an approved PWD contractor working under the respondents. He is awarded with the work of construction of Check Dam across Bhavani river at Ranganathapuram, Puthur Grama Panchayath, Attappadi in Palakkad District, as per Ext.P1 letter of acceptance, dated 26.12.2017. Thereupon, petitioner has submitted Ext.P3 representation before the third respondent seeking to permit him to pledge his previous bill pending before the second respondent towards the deposit of performance security and additional performance guarantee directed to be deposited, as per Ext.P1 letter of acceptance. Although by Ext. P4 letter, the second respondent sought clarification and no objection from the third respondent, no action is taken so far, which constrained the petitioner to approach this Court by filing this writ petition.

(2.) A statement is filed for and on behalf of the third respondent, wherein it is stated that the third respondent has not accorded sanction for pledging the pending bills in the department as security deposit and additional performance guarantee to the work of another department. The existing Government Orders and stipulations in the Kerala Public Works Department Manual, Revised Edition 2012, Part II regarding the Work, Methodology and Standard bid document does not contemplate pledging the pending bill as security deposit and additional performance guarantee to the work of yet another department.

(3.) I have heard learned counsel for the petitioner and learned Government Pleader and perused the pleadings and the documents on record.