R.Divakaran vs. State Of Kerala - Kerala High Court, 22 January 2021

W.P(c).No.28882/2020-I 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942 WP(C).No.28882 OF 2020(I) PETITIONER: R.DIVAKARAN AGED 63 YEARS PWD CONTRACTOR, CHITHIRA, TC 14/1773, KANNAMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. BY ADV. SHRI.AJITH KRISHNAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT BUILDINGS, PUBLIC OFFICE, THIRUVANANTHAPURAM-695033. 3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT BUILDINGS DIVISION, PMG JUNCTION, THIRUVANANTHAPURAM-695033. 4 THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, ATTAINGAL, THIRUVANANTHAPURAM-695501. 5 THE DIRECTOR OF HEALTH SERVICE, OFFICE OF THE DIRECTOR OF HEALTH SERVICE, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695001. 6 THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. GOVERNMENT PLEADER SMT.VINITHA BALAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(c).No.28882/2020-I 2 P.V.ASHA, J. ----------------------------------------------------- W.P(c) No.28882 of 2020-I ---------------------------------------------------- Dated this the 22nd day of January, 2021 J U D G M E N T The petitioner, who had undertaken emergency deposit work of Asset Maintenance Fund – Maintenance Work of Doctor's Quarters at Govt. Taluk Hospital Valiyakunnu, Attingal, has filed this Writ Petition aggrieved by the non payment towards the final bill. It is stated that the work was completed on 01.10.2019. According to the petitioner, the amount due to him towards final bill comes to Rs.13,78,969/- inclusive of GST.

Smt. B.Vineetha, the learned Government Pleader, on instructions submits that the amount due to the petitioner is only a sum of Rs.11,81,975/-. It is also her contention that the petitioner is not entitled to be paid GST amount and 18% interest on the amount due. Therefore, the Writ Petition is disposed of with a direction to the 5th respondent to take steps for disbursing the admissible amount due to the petitioner, within a period of two months. The claim of the petitioner for GST as well as interest is left open. (P.V.ASHA, JUDGE) rtr/

W.P(c).No.28882/2020-I 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE SELECTION NOTICE NO.AB 10/D3/2018/9402 DATED 5/3/2019 TO THE PETITIONER ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2OF THE LETTER NO.AB10/D2- 5338/2015 DATED 06/2019 ISSUED BY THE 3RD RESPONDENT TO 5TH RESPONDENT. EXHIBIT P3OF THE COMPLETION CERTIFICATE ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4OF THE REPRESENTATION DATED 15/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.