MAJESTIC CONSTRUCTIONS Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) These writ petitions are filed by one and the same petitioner, seeking direction to the respondents to pay the bill amounts in accordance with the Revised Estimates on the basis of the agreement entered into by and between the petitioner and the respondents. Therefore, I heard them together and propose to deliver a common judgment.

(2.) Petitioner is a Category A contractor registered in accordance with the Rules for Registration of Contractors Executing Works in the Kerala Public Works Department. Petitioner has undertaken a work viz., Budget Work 2015-16 -Improvement to Poorsmount - Chakkakkanam Road, and an agreement was executed on 15.02.2016, which is the subject matter in W.P.(C) No.30056 of 2017. The work site was handed over on 24.02.2016 and the petitioner has carried out the work in accordance with the terms of the contract, and on completion, a Completion Certificate is issued. On 30.05.2017, the Assistant Executive Engineer, viz., the 3 rd respondent, submitted a final bill along with the completion certificate to the 2 nd respondent, with a request to audit the bill and pass and pay to the contractor, evident from Ext.P3.

(3.) The bill was registered on 31.05.2017 and assigned ID No.1946. As per Ext.P4 Government Order, state-wide seniority is stipulated, and since the bill was not paid, petitioner submitted Ext.P5 representation before the 2 nd respondent to expedite the matter and to pay the final bill to the petitioner. However, as per Ext.P6 communication dated 30.06.2017, the petitioner was informed that, even though the final bill was submitted on 31.05.2017, it cannot be discounted in full, since certain works have been executed at variance with the revised estimate approved by the 1 st respondent on 08.03.2016. It is also stated thereunder that, the bill amount covering the works can be passed and discounted only after another revised estimate is prepared and sanctioned encompassing the above mentioned deviations made in the actual execution of the work.