2011 PLP 1644 (MLD)

The petitioner has sought relief for payment of Rs.1351637 as outstanding amount on account of contract work carried out by him in the Irrigation Department. The brief facts as stated in the petition are that the petitioner being contractor was awarded work of M&R Bund Northern Dadu Division Larkana. Western Sindh Circle Larkana in the year 2002-2003, in Dokri Sub-Division on emergent basis and the petitioner has completed the said work to the satisfaction of Irrigation Authorities the M.Bs. in the matter were recorded and the bills for the work carried out by the petitioner were prepared but payment of the same is being avoided to him on the different pretext. The comments have been filed by the respondent No.1 i.e. Executive Engineer Irrigation, Northern Dadu Canal Larkana and so also other respondents. The respondent No.4 in his comments has admitted the case of the petitioner and not disputed a single shell of the amount, so claimed by the petitioner. While other respondents have not denied the execution of work. According to the learned Addl. A. G. the work carried out and liabilities created by the officials during past years were to be scrutinized by the Chief Minister's Inspection Team Enquiries and Implementation Team, who has found that while awarding the contract codal formalities were not observed. Therefore the Team did not scrutinize this case. However the carrying of the work in question is not denied even by the learned Addl. A.G. Mr. Amjad Pervaiz, XEN, Northern Dadu Canal, Larkana present in the Court states that the case of present petitioner was referred as liability created by the officials in the past year but funds have not been released from the Government. The case of petitioner of carrying out the work has not been denied by way of any documents, rather the averment of the petition have been admitted. The formalities, if any, were to be observed by the concerned officials at the time when the work was awarded to the petitioner and from documents we see that this work being of emergent nature was got carried out in which formalities may have not been observed but fact remains that the Government is liable to pay this amount, for which the petitioner is being deprived since many years. In view of the above admitted position, we allow this petition and direct the respondents to make payment of Rs.1351637 to the petitioner; and in order to compensate petitioner to some extent on account of a long delay, the mark up at the rate of 10 percent should also be paid from 1-1-2008 within a period of two months failing which the authorities will have to face proceedings on disob6 fence of the order. H.B.T./S-80/K Petition allowed.