HARINATH ENTERPRISES Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Tender notification was issued on 04.01.2020 for providing Supervisors and Workers on outsource basis in Entomology Wing of Serilingampally Zone of GHMC for a period of 11 months. The scope of work is to deploy the Anti-Larval Units and special/ fogging units consisting of one Entomology Filed Assistant, Superior Field Worker and Field Workers, strength depends on the type of unit. The tender documents require the bidder to deploy the respective manpower with requisite minimum qualifications as mentioned in the tender document. Clause 2(c) prescribes the manpower so deployed should be able to perform the services mentioned therein. Clause-3 deals with eligibility criteria, which prescribes turn over in the last three financial years, minimum similar value of work experience in any Municipal Corporation, minimum turnover, submission of IT returns for three years and all other statutory compliances.

(2.) Petitioners challenge the tender conditions on the ground that 15 packages are made by clubbing 5 to 11 units for each package; allowing the persons who have not served as contractors for eradication of Mosquitoes; imposing penalty conditions in clause-11-(A)(3) if agency/contractor/worker is absent during the working hours.

(3.) According to the petitioners, they are the contractors performing outsourcing contract in Entomology eradication units in all the Municipal circles and earlier for each unit tenders were called separately and work was allotted, and in the said manner, petitioners secured the works and performed to the satisfaction of the respondent authorities. Petitioners have participated in more than one unit and obtained contract for more than one unit. On account of clubbing of several units into few packages, the turn over requirement is increased and the existing contractors cannot comply with the stringent conditions.