DAMUDHAR PRASAD VERMA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD MR. T. Sen, learned counsel for the petitioner and also heard Mr. R.H. Nabm, learned Addl. Senior Govt. Advocate, A.P.

(2.) THIS matter relates to the non payment of contractual dues to the petitioner who completed the supply works in terms of the Work Order. The State Respondents particularly Respondents 5 and 7 and also Respondent 6 by filing their respective counters admitted a sum of Rs. 4,77,275 and Rs. 36,000 as due amount remained outstanding to be paid to the petitioner.

(3.) ON completion of the Government contract, the Government is liable for the payment accrued against the said contract works and non payment of the said amount even after the admission of the same shall be viewed contrary to public interest. In a welfare State it is incumbent not only to protect the public interest but also to protect the interest of the individual against the arbitrary and unfair exercise of executive power. Administrative fairness must also be reflected in dealing with Government contracts. Given the recent trend of judicial activism, the petitioner has accrued enforceable legal right to invoke the jurisdiction of this Writ Court praying for a Mandamus for a direction to the respondents to make payment of the outstanding admitted contractual dues.