SANJAY PRASAD GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner in this writ application has prayed for the issuance of a direction in the nature of mandamus commanding upon the respondents to release payment of the admitted dues amounting to Rs. 2,46,090/ - on account of execution of work allotted to him under the Total Rural Employment Scheme for construction of road from Village Babhani Main road to Village Sarsatia under Manjhiaon Block.

(2.) LEARNED counsel for the petitioner explains that the aforesaid work was entrusted to the petitioner who was initially given Rs. 3.25 lakhs, both in cash and kind. However, after completion of the work, measurements were taken by the concerned authorities arid a certificate (annexure 4) was issued by the Block Development Officer on 22.10.2007 con. firming that the amount which remains due for payment to the petitioner against the work done by him is Rs. 3.24 lakhs learned counsel explains that after deduction of royalty etc. the amount payable to the petitioner comes to Rs. 2,46,0901 -. It is further stated that in spite of repeated demand, the aforesaid amount has not been paid to the petitioner on the ground that the requisite fund has not been allotted.

(3.) UNDER such circumstances, the Deputy Commissioner, (respondent no.2) is directed to seek release of the fund from the head of the department concerned and to ensure release of payment of the admitted dues, as aforesaid, to the petitioner, within a period of two months from the date of receipt of a copy of this order. Any further delay in payment of the admitted dues to the petitioner shall entail liability on the respondents for payment of interest at the rate of 12 percent per annum.