IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.11400 of 2009
Date of Decision: 31.07.2009
Rappy Kumar
Petitioner
Versus
State of Punjab and others
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr.P.S.Rana, Advocate for the petitioner
.....
Jasbir Singh, J.(Oral)
Notice of motion.
On asking of the Court, Mr.Manohar Lall, Additional Advocate
General, Punjab accepts notice.
Heard.
By filing this writ petition, the petitioner has prayed that
directions be issued to the respondents, to release admitted payment, due to
him towards execution of work against work order Nos.33 and 34 both
dated 12.2.2009.
It is case of the petitioner that it has successfully executed the
work, as mentioned above. Entries were made in the measurement book and
even amount due to him was approved by the authorities, however, the
Treasury Officer has not released the payment on account of paucity of
funds.
Civil Writ Petition No.11400 of 2009 2
This Court feels that if there is no defect in the work executed
by the petitioner, the authorities are not justified to detain amount due to
him. Paucity of funds is no ground to deny the admitted payment.
In view of facts mentioned above, this writ petition is disposed
of by issuing directions to the respondents to release admitted payment to
the petitioner, if there is no legal hitch, within two months from the date of
receipt of a copy of this order, failing which, the petitioner shall be entitled
to get interest @ 8% per annum from the date the amount had become due
to him till its realisation. To the contrary, if respondents wish to reject
claim of the petitioner, on valid grounds, a speaking order be passed and a
copy thereof be supplied to the petitioner.
Mr.Manohar Lall, Additional Advocate General, Punjab
assures that the requisite payment shall be made to the petitioner, as early as
possible.
Copy of the order be supplied to the State counsel under
signatures of the Court Reader for compliance.
31.07.2009 (Jasbir Singh) gk Judge