Decided on March 18,2021

Jay Ram Pujahari Appellant


S.MURALIDHAR,CJ. - (1.) Heard Mr. Prabodha Chandra Nayak, learned counsel for the Petitioner and Mr. Prabhat Kumar Muduli, learned Additional Government Advocate for the State-Opposite Parties.
(2.) The Petitioner in this writ petition seeks to assail the order dated 20th August, 2020 (Annexure-1) passed by the Commissioner-cum-Secretary, Government of Odisha, Works Department, Bhubaneswar, whereby he rejected the representation of the Petitioner for grant of incentive for timely completion of work as per the condition in the DTCN as well as provisions of OPWD Code.
(3.) The averments in the writ petition reveal that the Petitioner being a Special Class Contractor was awarded with the work 'Construction of HL Bridge over Raxapali Nallah at 71/500 Km on Sambalpur-Sonepur Road SH-15 under CRF' (for short the 'Project'). The Petitioner completed the Project on 21st December, 2016, i.e., much prior to the stipulated date of completion and intimated the same to the authorities claiming incentive for timely completion of Project. Due to inaction of authorities in granting incentive to the Petitioner, he submitted a representation dated 14th January, 2019 before the Commissioner-cum-Secretary, Government of Odisha, Works Department, Bhubaneswar-Opposite Party No.1, which was not paid any heed. Consequently, the Petitioner filed W.P.(C) No.7796 of 2019, which was disposed of vide order dated 26th August, 2019 directing the Opposite Party No.1 to consider and dispose of his representation within a period of four months from the date of receipt of a copy of the said order. Accordingly, the Opposite Party No.1 passed the impugned order dated 20th August, 2020 (Annexure-1), relevant portion of which is reproduced hereunder:- 'And whereas, the proposal of payment of incentive has been duly examined with reference to the extant OPWD Codal Provision and the same was regretted by the Works Department after taking Govt. approval on the ground that the concerned Executive Engineer has not reported the actual date of Completion of the project as soon as possible through Fax or E-mail so that the report is received within 7 days of Completion by the concerned SE, CE and Administrative Department as per provision of Para 3.5.5.(v) Note-III of OPWD Code, Vol-I; Therefore, taking into account the above facts and circumstances, the representation of the petitioner has no merit for consideration and the same is disposed of accordingly being devoid of merit.' Assailing the same, this writ petition has been filed. ;

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