2025:JHHC:12006-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4400 of 2023 M/s. Akhand Jyoti through its Partner Ranbir Kumar, aged about 45 years, son of Brij Kishore Singh, resident of Ramnagar, Barmasia, P.O. and P.S. Deoghar, Barmasiya, District Deoghar. ... ... ... ... ... ... Petitioner Versus 1. The State of Jharkhand through its Principal Secretary, Health, Education and Family Welfare Department, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand. 2. The Deputy Chief Secretary, Health, Education and Family Welfare Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand. 3. The Secretary, Building Construction Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand. 4. The Chief Engineer, Building Construction Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O and P.S. Dhurwa, District Ranchi, Jharkhand. 5. The Managing Director, Jharkhand State Building Construction Corporation Ltd., Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand. 6. The General Manager (Project)-cum-Executive Director, Jharkhand State Building Construction Nigam Ltd. Building Division, Building Construction Department, Government of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S. Dhurwa, District Ranchi, Jharkhand. 7. The Executive Engineer-cum-Manager, Jharkhand State Building Construction Corporation Ltd., Building Division, Dumka, P.O. and P.S. Dumka, District Dumka. 8. The Jharkhand Executive Engineer, Building Construction Corporation State Ltd., Santhal Pargana, Dumka, P.O. and P.S. Dumka, District Dumka. 9. The In-charge Medical Officer, Sundar Pahari, Godda, P.O. and P.S. Godda, District Godda, Jharkhand. 10. The Executive Engineer, Health and Family Welfare Department, Govt. of Jharkhand, having its office at Santhal Paragana Division, Dumka, P.O. and P.S. Dumka, District Dumka, Jharkhand. … ... Respondents 2025:JHHC:12006-DB --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner : Mr. Nand Kishore Prasad Sinha, Advocate For the State: Mr. Gaurav Raj, AC to AAG-II For the JSBCCL: Mr. Khalida Haya Rashmi, Advocate --------- 10/Dated: 23.04.2025 1. This writ petition has been filed by the petitioner seeking payment of security deposit of Rs. 8,77,500/- along with the interest having completed successfully the construction of a Primary Health Centre building at Damruhat Sundar Pahari, District- Godda including electrification, water supply and sanitary installation work under an agreement dt. 26.08.2014. 2. Petitioner contends that the allotted work has been completed within time and possession also has been handed over to the concerned department on 30.10.2015 and a certificate has also been issued on 08.12.2015 by the In-charge Medical Officer. It is contended that the Health Education and Family Welfare Department which had allotted the work has now been amalgamated with the Jharkhand State Building Construction Corporation Ltd., but, payment has still not been made to the petitioner though nine years have elapsed since the completion of the work by the petitioner. 3. The respondents i.e. the Building Construction Department contends in the counter affidavit that payment has to be made through Treasury but the Finance Department had issued a communication stopping refund of security deposit in the entire State on 16.07.2024 on account of certain financial fraud in different Treasury Offices and that special audit is being conducted in all work department. 2025:JHHC:12006-DB 4. However, this pretext for not making the payment which is admittedly due to the petitioner as per the admission contained in para 11 of the counter affidavit, cannot be countenanced because before the so-called communication dt. 16.07.2024 of the Finance Department, nothing prevented the respondents from making the payment of the said amount to the petitioner. They have unnecessarily forced the petitioner to come to this Court in 2023 demanding payment of the said amount. 5. Therefore, the respondents are directed to make payment of the said amount with interest at the rate of 9% per annum from 08.12.2015 till the date of actual payment. If the said payment is not made within two months, the salary of respondents 1 and 3 be stopped till such payment is made. 6. This writ application is allowed. 7. Pending Application, is any, stands closed. (M.S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) Sharda/MM/ Cp.02