Page No.# 1/7 GAHC010169432019 2025:GAU- AS:8228 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5267/2019 AJOY KRISHNA ROY S/O- SRI HARIPADA RAY, R/O- M G ROAD, P.O- DIPHU, DIST- KARBI ANGLONG, ASSAM, PIN- 782460 VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, GENERAL ADMINISTRATION (B) DEPTT, DISPUR, GUWAHATI- 6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PWD (BUILDING AND NH) DEPTT DISPUR GUWAHATI- 06 3:THE CHIEF ENGINEER PWD (BUILDING) ASSAM CHANDMARI GHY- 3 4:THE SUPERINTENDING ENGINEER PWD (ROADS AND BUILDING) CIRCLE-I DIPHU DIST- KARBI ANGLONG PIN- 782460 5:THE EXECUTIVE ENGINEER PWD KARBI ANGLONG BUILDING DIVISION DIPHU KARBI ANGLONG PIN- 782460 6:THE DEPUTY COMMISSIONER KARBI ANGLONG Page No.# 2/7 DIPHU PIN- 78246 Advocate for the Petitioner : DR. B U AHMED, MS. L DEVI,MR. R K D CHOUDHURY,MR. N HAQUE,MR K UDDIN,MR. A K AZAD Advocate for the Respondent : GA, ASSAM, MR. A PHUKAN,SC(GAD),SC, PWD,SC, K A A C BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 20.06.2025 Heard Mr. RKD Choudhury, learned counsel for the petitioner. Also heard Mr. B Gogoi, learned Additional Advocate General, Assam as well as Mr. J Chutia, learned counsel for the respondent Nos. 4 & 5. 2. The petitioner’s case is that he has not been paid his admitted dues amounting to Rs.16,13,625/- against the works done by him, for improvement of infrastructure at Diphu and Bokajan grounds in the year 2005-2006, for the Independence day/Republic day functions. 3. The petitioner’s case is that as the petitioner’s contractual dues for the work done by him in the year 2005-2006 has not been paid to the petitioner, the petitioner filed WP(C) 3131/2012. This Court vide order dated 01.04.2013 disposed of WP(C) 3131/2012, by directing the Chief Engineer, PWD (Building), Government of Assam to verify the claim of the petitioner and if, upon verification, any amount was found due and payable, necessary action was to be done for payment of the admitted amount. Consequent to the order dated 01.04.2013 passed in WP(C) 3131/2012, the Executive Engineer, PWD, Diphu wrote a letter dated 10.07.2013 to the Chief Engineer, PWD (Building), Assam stating that the approximate work done by the petitioner at (i) Diphu providing entrance field etc. and saluting base etc: Rs.5,30,682.00 and (ii) Bokajan Page No.# 3/7 providing entrance field etc. & saluting base etc: Rs.10,82,943.00, totalling Rs.16,13,625/- was payable to the petitioner. It is also stated in the said letter dated 10.07.2013 that a plan and estimate amounting to Rs.78,04,000/- had been submitted, after being duly countersigned by the District Commissioner, Karbi Anglong, Diphu, to the concerned authorities for according Administrative approval. However, for want of Administrative approval, the issue of formal work order, agreement, preparation of bill and other official formalities could not be done till date. The letter also stated that the admissible amount for the work done by the petitioner could be finalised after observing all code formalities. 4. As the admitted amount of Rs.16,13,625/- was not been paid by the respondents, the petitioner filed Cont.Cas(C) 423/2013. The same was disposed of vide order dated 09.05.2014 as follows:- 6. Having heard the learned counsel for the petitioner and learned counsel for the respondents, I am inclined to dispose of this contempt petition by extending the period fixed in the order dated 1.4.2013 for its implementation by a further period of 6(six) months from to-day, as an outer limit provided no appeal is filed by the respondents and no stay is obtained of the order impugned therein. In other words, if no appeal is filed by the respondents and if filed and yet no stay is obtained, then order dated 1.4.2013 passed in WP(C) No. 3131/2012 shall have to be complied with in letter and spirit by the respondents within 6(six) months from the date of this order. In case if order is not complied with even within the extended period fixed by the Court subject to what is discussed above, the respondents and all other authorities responsible for ensuring compliance shall be held guilty for committing contempt of this Court order and appropriate order(s) imposing punishment as provided under the Contempt of Courts' Act would be passed against each of them. 7. The learned counsel for the respondents are requested to forward a copy of this order along with the copy of the original order dated 1.4.2013 passed in W.P(C) No. 3131/2012 to the respondents, i.e. the official concerned to enable them to ensure compliance as directed. The respondents will also communicate the compliance report to the petitioner as soon as it is complied with within the period fixed by this Court. 8. Subject to the aforesaid, this contempt petition stands disposed of. No cost.” Page No.# 4/7 5. Despite the order passed in WP(C) 3131/2012 and the admission of the respondents that the petitioner was liable to be paid Rs.16,13,625/-, the respondents have not paid to the petitioner the admitted amount, despite the order dated 09.05.2014 passed in Cont.Cas(C) 423/2013. The petitioner having no other remedy has approached this Court again, by filing the present writ petition on 22.07.2019. 6. It is disheartening to notice that even after a lapse of approximately 20 (twenty) years, the petitioner has not been paid his dues for work done 20 (twenty) years earlier 7. Mr. J Chutia, learned counsel for the respondent Nos. 4 & 5 submits that the respondent Nos. 4 & 5 do not have any role to play in the payment of the admitted dues of the petitioner, as the work order had been issued verbally by the concerned District Commissioner to the petitioner and the petitioner had done his contract work on the basis of the verbal order given by the District Commissioner. He further submits that as per the letter No. KNZ.18/PT-III/REP/INDP/05/27 dated 18.07.2005 issued by the District Commissioner, Karbi Anglong, Diphu, addressed to the Commissioner & Secretary to the Government of Assam, General Administration (B) Department, Dispur, funds that were to be released in respect of improvement of infrastructure of the designated fields for celebration of Independence day/Republic day at Diphu and Bokajan, was to be released directly to the District Commissioner, Karbi Anglong, Diphu and the same was not to be released to the Karbi Anglong Autonomous Council (KAAC), Diphu. He accordingly, submits that no funds were released by the State Government to the KAAC in respect of the improvement of infrastructure of the designated fields for celebration of Independence day/Republic day at Diphu and Bokajan for the year 2005-2006. 8. The affidavit of the respondent No. 5, who is the Executive Engineer, PWD, Building Division, Diphu, Karbi Anglong is to the effect that the petitioner had only done part of the work and the approximate value of the work done by the petitioner was Rs.5,30,682/- for Diphu stadium and Rs.10,82,949/- for Bokajan stadium. The affidavit Page No.# 5/7 of the respondent No. 5 further states that despite communication having been made to the respondent No. 3 on 25.07.2014 regarding the work done by the petitioner, no administrative approval for the work done by the petitioner has been received by the respondent No. 5. The respondent No. 5 further states that the work was executed as per the verbal order issued by the District Commissioner and that the District Commissioner, vide his letter dated 18.07.2005, had communicated to the Commissioner & Secretary to the Government of Assam, General Administration (B) Department, that the funds should be released directly to the District Commissioner, Karbi Anglong, Diphu and not to the KAAC. 9. This Court had thereafter directed the learned Additional Advocate General, Assam to obtain instructions as to whether the admitted dues of the petitioner was to be paid by the PWD, Government of Assam or by the General Administration (B) Department or the concerned District Commissioner’s office. 10. Mr. B Gogoi, learned Additional Advocate General, Assam has submitted the meeting minutes dated 18.06.2025 held under the chairmanship of the Secretary to the Government of Assam, General Administration Department, which is to the effect that the bills of the petitioner are to be paid under the Head of Account of the PWD. 11. The contents of the meeting minutes dated 18.06.2025 held under the chairmanship of the Secretary to the Government of Assam, General Administration Department is reproduced herein below as follows:- “Member Present: - Annexure-1. The Secretary, GAD welcomed the officers present in the meeting Secretary, GAD apprised that the meeting has been convened as per the Judgement/order of Hon'ble High Court Passed on dated 12-06-2025 in W.P(C) 5267/2019 Ajoy Krishna Roy vs the SOA The matter is regarding payment of admitted dues of Rs.16,13,625/- against the work done by the petitioner for improvement of infrastructure at Diphu and Bokajan grounds in the year 2005- 06, for the Independence Day/Republic Day functions. Page No.# 6/7 The earlier references/communications made in respect of instant case specially the direction of Finance Department regarding that 1. "The work will be executed by PWD after the plan & estimate is approved by competent authority. Expenditure for the purpose may be meet from the budget provision of PWD's grant under the H/A 3054 PW(R&B) Non-plan. PWD may move Finance EC-II Department for concurrence to the issue of Admn. Approval". also, 2. The Hon'ble High Court's order passed in W.P(C) No. 3131/2012 dated 01/04/2023 wherein, the Hon'ble High court has directed Chief Engineer, PW(B) Department to verify the claim of the petitioner and if, upon such verification, any amount is found to be due and payable, the necessary follow up action in terms of the aforesaid judgement and order passed by a full bench of this court shall be taken" were discussed and, After threadbare discussion the following decisions were taken, 1. Since as per record, there were communications already made between P.W(Building) Department and Finance Department for the same and Finance Department had subsequently instructed to meet the expenditure under the Head of Account of PWD, as such, it was decided that, PWD would initiate the billing process of the petitioner after due verification examination of the claims and modification of Head of Account suggested by Finance Department (i,e. 3054) which is not operational under PWD(Bldg.). P.W (Building) Department shall move Finance (Budget) Department for necessary budget provision, if any, required for the said purpose The meeting ended with vote of thanks from Secretary, GAD.” 12. The meeting minutes dated 18.06.2025 is made a part of the record and marked as Annexure-X. 13. As it has been clearly laid down in the meeting minutes dated 18.06.2025, that the dues of the petitioner would have to be paid by the PWD, after making a verification of the claims and modification of the Head of Account, as suggested by the Finance Department, this Court directs that the entire exercise for payment of the outstanding dues of the petitioner and the actual payment of the same, should be concluded within a period of four months from the date of receipt of a copy of this order. It is made clear that as the claim of the petitioner pertains to the year 2005- 2006 and as WP(C) 3131/2012 has been disposed of on 01.04.2013, the petitioner’s dues should be paid within a period of four months. In the event the same is not paid within the said four months’ period, the respondents would have to pay cost of Rs. Page No.# 7/7 25,000/- for delayed payment. Further, if there is any further delay in making the payment to the petitioner beyond six months, the respondents would have to pay interest to the petitioner @ 6% per annum, from the date of disposal of WP(C) 3131/2012, i.e. 01.04.2013, till final payment. 14. The above direction to pay cost and interest is made on the basis of the peculiar facts and circumstances of the present case and the same should not be used as a precedent in other cases. 15. The writ petition is accordingly disposed of. JUDGE Comparing Assistant