LAWS(HPH)-2012-1-139

LAXMI DASS SON OF SHRI CHET RAM, RESIDENT OF VILLAGE DAROLI, P.O. KARYALI, TEHSIL SUNI, DISTT. SHIMLA (HP) Vs. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (PWD) TO THE GOVT. OF HIMACHAL PRADESH,

Decided On January 10, 2012
Laxmi Dass Son Of Shri Chet Ram, Resident Of Village Daroli, P.O. Karyali, Tehsil Suni, Distt. Shimla (Hp) Appellant
V/S
State Of Himachal Pradesh Through Principal Secretary (Pwd) To The Govt. Of Himachal Pradesh, Respondents

JUDGEMENT

(1.) THE petitioner is a Government Contractor. In March, 2007, he was awarded a contract to the tune of Rs. 1,86,432/ -in respect of 'restoration of rain damages to plinth protection, side drain and replacement of CGI sheet, roofing of Block No. 16 and 17 at U.S Club, Shimla'.

(2.) ADMITTEDLY , a part of the awarded work to the tune of Rs. 1,33,462/ -was carried out by the petitioner. However, the payment was delayed allegedly due to the reason that respondent No. 3, who was Junior Engineer -in -charge of the said work at the relevant time, was in the meantime promoted as Assistant Engineer and had left without handing over the measurement book to his successor. Against the above backdrop, though the petition has been filed on the following substantive prayers, yet at the time of hearing, the claim is restricted only qua prayer (ii), as in the meantime the payment of the work done has already been made to the petitioner by respondents No. 1 and 2: -

(3.) IN reply, respondents No. 1 and 2 have set up the following averments vide para 2 of the preliminary submissions and paras 2 to 7 on merits: -