A RADHA KRISHNAN Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) THE writ petition is directed against the order of the third respondent dated 19.12.2008, by which the third respondent has informed the petitioner that as per extant instructions, no retesting will be conducted for the ballast once it is declared failed on the ground that the ballast sample tested at the Southern Railway Laboratory as per the agreement got failed in impact test. In the impugned order, the third respondent has requested the petitioner to remove the rejected ballast failing which demurrage will have to be paid for any delay.

(2.) THE petitioner is a working contractor in the Southern Railway and carried out the transportation of PSC sleepers, P.Way Fittings and collection and supply of machine crushed hard stone ballast. He was awarded the contract for performance of work 'MAS-GDRSEC, collection and supply of 50 mm. size stone ballast at Odur Depot for TBR, CTR(P) and TTR works under ADEN/SPE Sub Division' as per the contract agreement dated 1.4.2008.

(3.) ON the other hand, it is the contention of Mr. Vellaisamy, learned counsel appearing for the respondents that when the Circular relied upon by the petitioner enables the respondents to have retesting on certain contingencies, it does not enable the contractor as a matter of right to claim for retesting.