Page No.# 1/9 GAHC010267672024 2025:GAU-AS:12267 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6737/2024 PRANAB RANJAN BHATTACHARJEE S/O LATE DOLEN BHATTACHARJEE . RESIDENT OF VILLAGE BAMGAON PO AND PS BISWANTH CHARIALI DIST BISWANATH ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI 06 2:THE MISSION DIRECTOR JAL JEEVAN MISSION ASSAM HENGRABARI GUWAHATI 36 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 06 4:THE CHIEF ENGINEER (PHE) ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI 36 5:THE EXECUTIVE ENGINEER Page No.# 2/9 PUBLIC HEALTH ENGINEERING DEPARTMENT BISWANATH CHARIALI DIVISION BISWANATH CHARIALI DIST BISWANATH ASASAM 6:THE ASSISTANT EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT BISWANATH CHARIALI SUB DIVISION BISWANATH CHARIALI DIST BISWANATH ASASAM 7:THE SECTIONAL OFFICER (PHE) BISWANATH I SECTION PO BISWANATH CHARIALI DIST BISWANATH ASSAM. 8:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT WATER AND SANITATION MISSION (DWSM) JAL JIVAN MISSION BISWANATH PO BISWANATH CHARIALI DIST BISWANATH ASSAM ------------ Advocate for : MR. A K AZAD Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS Page No.# 3/9 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : Date: 04.09.2025 Heard Mr. P. K. Roy Choudhury, learned counsel for the petitioner. Also heard Mr. R. R. Gogoi, learned Standing Counsel, PHE Department, appearing for the respondent nos.1, 2, 4, 5, 6, 7 & 8 and Mr. R. Borpujari, learned Standing Counsel, Finance & Taxation Department, for the respondent no.3. 2. The petitioner by way of instituting the present proceedings has raised grievance with regard to the refusal on the part of the respondent authorities in releasing to him an amount of Rs.9,42,968/-(Rupees Nine Lakhs Forty Two Thousand Nine Hundred Sixty Eight only) against the 1st running bill for the work “Implementation of Barpukhuri Pipe Water Supply Schemes of Biswanath Chariali(PHE) Division for Retrofitting under the Jal Jeevan Mission, Assam”, executed by him. 3. As projected in the Writ Petition, the respondent authorities had accorded revised Administrative Approval for 11 nos., of works including the ”Barpukhuri Pipe Water Supply Schemes of Biswanath Chariali(PHE) Division for Retrofitting under the Jal Jeevan Mission, Assam”, for the financial year 2022-2023. 4. In terms of the approval granted, a revised Technical Sanction was accorded for an amount of Rs.62,98,000/-(Rupees Sixty Two Lakhs Ninety Eight Thousand) as per the revised estimate prepared by the Divisional authorities. 5. The petitioner being found to be suitable for the execution of the work, in question, a work order came to be issued to him on 18.05.2023 for the said work at an approximate value of Rs.32,28,000/-(Rupees Thirty Two Lakhs Twenty Eight Thousand), plus original work value of Rs.26,62,228/-(Rupees Twenty Six Lakh Sixty Two Thousand Two Hundred Twenty Page No.# 4/9 Eight), total amounting to Rs.58,90,228/-(Rupees Fifty Eight Lakhs Ninety Thousand Two Hundred Twenty Eight). 6. On receipt of the said work order dated 18.05.2023, the petitioner initiated the process for executing the work, in question, and had executed the components of the work as was required to be so executed including installation of a Diesel Generator(D.G) Set at the site. 7. On 12.02.2024, the Sectional Officer(PHE), Sakomotha Block, Biswanath Chariali Division, prepared the 1st running bill for the work executed by the petitioner till then, amounting to Rs. 9,42,968/-(Rupees Nine Lakhs Forty Two Thousand Nine Hundred Sixty Eight) vide 1st R.A/Divisional Bill No.1081/17.02.2024. Thereafter the site, wherein, the work was being so executed by the petitioner, was inspected on 19.02.2024, by the authorities of the Public Health Engineering Division, Biswanath Chariali. In the inspection report as prepared, it was revealed that around 29.21% work was executed by the petitioner. The foundation of the ESR was found to be completed and the test report provided was found to be satisfactory. 8. In the said report, it was also incorporated that a Diesel Generator Set of 15 KVA was found installed and commissioned at the site. The bill as prepared was thereafter, forwarded to the higher authority for necessary approval and however, the Chief Engineer, PHE, Assam, upon consideration of the said bill was pleased to reject the same on 19.07.2024, by citing the reason that the DG Set as placed at the site was outside the scope of the work as allotted to the petitioner, herein. The 1st running bill of the petitioner not having been released, the petitioner has instituted the present proceedings. 9. Mr. P. K. Roy Choudhury, learned counsel for the petitioner, after reiterating the facts noticed, hereinabove, has submitted that the Administrative Approval as well as the Technical Sanction granted for the work was so granted including within the scope of work involved the cost of the Diesel Generator(D.G) Set required to be installed at the site. Page No.# 5/9 10. Mr. P. K. Roy Choudhury, has submitted that upon receipt of the work order, the petitioner had proceeded with the work and after procuring the Diesel Generator(D.G) Set had installed the same at the site. 11. Mr. P. K. Roy Choudhury, has submitted that before installation of the said Diesel Generator(D.G) Set, the respondent authorities had not intimidated to the petitioner that the procurement of the Diesel Generator(D.G) Set was removed from the scope of the work involved. Accordingly, he submits that the Diesel Generator(D.G) Set, having been installed and the same having being found by the respondent authorities to have been commissioned at the site, the subsequent decisions arrived at the matter cannot have the effect of amending the scope of the work as allotted to the petitioner, herein, after the execution of the said component of the work involved. 12. Mr. P. K. Roy Choudhury, has submitted that the meetings of the State Level Scheme Sanctioning Committee, as brought on record, would go to reveal that the same had also incorporated within the scope of the work, the procurement and installation of the Diesel Generator(D.G) Set, and accordingly he submits that the subsequent communication as issued in the matter by the authorities, cannot be permitted to be utilized to deny to the petitioner the cost of the Diesel Generator(D.G) Set as installed at the site and presently working, therein. 13. In the above premises, Mr. P. K. Roy Choudhury, submits that the 1st running bill of the petitioner as prepared by the respondent authorities is required to be directed to be released to the petitioner, herein. 14. Mr. R. R. Gogoi, learned Standing Counsel, appearing for the respondent, has submitted that the State Level Scheme Sanctioning Committee, had initially sanctioned the work, in question, along with the incorporation, therein, of the requirement of procurement of a Diesel Generator(D.G) Set. However, in view of the subsequent decision taken in the matter, the Chief Engineer (Water) PHE Department, had vide communication dated 01.07.2023, directed all concerned to exclude the Diesel Generator(D.G) Set, from the scope of the Page No.# 6/9 schemes which were approved prior to 2022-2023 and for which preliminary work orders were issued after 01.04.2023. He submits that in view of the said exclusion of the Diesel Generator(D.G) Set, in terms of the communication dated 01.07.2023, the bills of the petitioner were not entertained at the level of the Chief Engineer of the Department. On a query made by this Court as to whether the scope of work as allotted to the petitioner had also incorporated within it the requirement of procuring a Diesel Generator(D.G) Set and for installation of the same at the site, in question. Mr. R. R. Gogoi, has fairly submitted that in terms of the Technical Sanction as granted for the work, in question, the scope of the work also included the cost of installation of a Diesel Generator(D.G) Set, at the site. 15. I have heard the learned counsel for the parties and also perused the materials brought on record. 16. The Administrative Approval as well as the Technical Sanction as granted for the work of implementation for the ”Barpukhuri Pipe Water Supply Schemes of Biswanath Chariali(PHE) Division for Retrofitting under the Jal Jeevan Mission, Assam”, had within its scope of work incorporated the requirement of procurement of Diesel Generator(D.G) Set and for installation of the same at the site, in question. The work order issued to the petitioner also had within its scope of work, the requirement of installation of a Diesel Generator(D.G) Set and commissioning in the same at the site, in question. 17. Accordingly, the petitioner upon being issued with the formal work order had proceeded to execute the work, in question, and also for the purpose had procured and installed a Diesel Generator(D.G) Set at the site. The works as executed by the petitioner was inspected by the concerned authority of the Department and during such inspection it was found that the Diesel Generator(D.G) Set of 15 KVA was found installed and commissioned at the site. The said inspection was so made after the 1st running bill was so prepared by the Sectional Officer(PHE), Sakomotha Block, Biswanath Chariali Division, on 12.02.2024, against the work as executed by the petitioner till then. Page No.# 7/9 18. A perusal of the 1st running bill of the petitioner would go to show that therein, the cost of procurement and installation of the Diesel Generator(D.G) Set was duly incorporated. However, on the said bill being placed before the Chief Engineer, PHE, the same was rejected, basing vide a note dated 19.07.2024, on the ground that the Diesel Generator(D.G) Set, so installed was contrary to the specification made in a communication dated 01.07.2023. 19. A perusal of the communication dated 01.07.2023, would go to reveal that the Chief Engineer( PHE) Water, Assam-cum-Additional Mission Director, Jal Jeevan Mission, Assam, had directed all the Divisions of the Department to exclude the Diesel Generator(D.G) Set, from the scope of work of the schemes which were approved prior to 2022-2023, and wherein, preliminary offers were issued after 01.04.2023. The said communication dated 01.07.2023, although issued in the matter, it is seen that the same was issued, after the work order was so issued to the petitioner and he had installed the Diesel Generator(D.G) at the site, in question. Further it is not revealed from the materials brought on record that the said communication and the decision contained, therein, were communicated to the petitioner, prior to the installation and commission of the Diesel Generator(D.G) Set at the site. 20. As noticed, hereinabove, the Diesel Generator(D.G), being a requirement within the scope of the work and the same also having been incorporated in Administrative Approval as well as the Technical Sanction, granted for execution of the work and the same having also being incorporated in the scope of the work in terms of the work order issued to the petitioner on 18.05.2023, the petitioner having acted on the said projection made in the formal work order, the petitioner now cannot be held to be not entitled to receive the amount i.e. the cost of the Diesel Generator(D.G) Set, in question, after he had installed and commissioned the same at the site, in question. The installation and commissioning of the Diesel Generator(D.G) is not disputed by the respondent authorities. 21. In view of the discussions made hereinabove, this Court is of the considered view that the decision as contend in the communication dated 01.07.2023, issued by the Chief Engineer(PHE), Work, Assam, cannot be made applicable in respect of the petitioner, herein, and the same cannot be held to have modified the formal work order and the scope of the Page No.# 8/9 work as contend, therein, vide 18.05.2023, and the petitioner having proceeded with the work in terms of the formal work order issued to him and he having also procured and installed the Diesel Generator(D.G) Set, in question, and the same also having been commissioned, the petitioner cannot be denied his contractual dues in the matter and the petitioner would be entitled to be released the cost of the Diesel Generator(D.G) Set, so installed by him at the site, in question. 22. 22. In view of the above position, this Court is of the considered view that the rejection of the petitioner’s 1st running bill by the Chief Engineer(PHE), Water, Assam, vide the note dated 19.07.2024, would not mandate acceptance and accordingly, the same stands interfered with. 23. The respondent authorities are directed to release to the petitioner the cost of the Diesel Generator(D.G) Set, so installed and commissioned by him at the site of the work and accordingly by reckoning the cost of the said Diesel Generator(D.G) Set as installed and commissioned by the petitioner at the site, to consider and release his 1st running bill amounting to Rs. 9,42,968/-(Rupees Nine Lakhs Forty Two Thousand Nine Hundred Sixty Eight). 24. The respondent authorities, more particularly, the Commissioner and Secretary to the Government of Assam, Public Health Engineering Department, the Mission Director, Jal Jeevan Mission, Assam, the Chief Engineer (PHE), Assam, Public Health Engineering Department and the Executive Engineer, Public Health Engineering Department, Biswanath Chariali Division i.e. the respondent nos.1, 2, 4 & 5, now shall process the 1st running bill of the petitioner and by reckoning the observation made hereinabove, with regard to the procurement, installation and commissioning of the Diesel Generator(D.G) Set, by the petitioner at the site, would proceed to finalize the said bill and release to the petitioner the amount due to him, within a period of 1(one) month from the date of receipt of a certified copy of this order. 25. With the above observations and directions, the present Writ Petition stands disposed of. Page No.# 9/9 JUDGE Comparing Assistant