GAMMON INDIA LTD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THESE Writ Petitions raise identical issues of fact and law. Therefore, they are heard and being disposed of by this common judgment.

(2.) IN all these writ petitions, the petitioners have called in question the legality and propriety of the action of the respondents in seeking to apply Memo No. 5217/reforms/ 06, dated 23. 02. 2006 pertaining to collection of EMD, retention amount and its release.

(3.) BARRING the dates, the value and the nature of the contract works, the facts in broader sense are similar to each other in all these cases. The petitioners are engineering contractors registered with the government of A. P. and carrying on works in various departments. Each of these petitioners was awarded with contract works through tender process. Agreements were entered into on behalf of the Government of a. P. by the respective departments, which entrusted the works to the petitioners prior to 23. 02. 2006, on which date the abovementioned Memo was issued by the state Government. In each of these agreements, separate provision was made for payment of EMD and retention amounts and the stage at and the manner in which the EMD and retention amounts shall be released. For disposal of these cases, it is not necessary to refer to these clauses in detail, which may vary from one case to the other.