- (1.) HEARD Sri S.P.Sharma, learned counsel for the petitioner, Sri C.K. Rai, learned Standing counsel for the State -respondents and perused the record.
(2.) THIS writ petition has been preferred for a writ of mandamus directing the respondents to adjust misc. advance of Rs. 2,18,210.00 allegedly due against the petitioner and for closure of T.I. Account. It is further prayed that the aforesaid amount may not be recovered from the petitioner as misc. advance has already been adjusted by the government on 3.1.2008.
(3.) BRIEF facts of the case are that the petitioner, a Junior Engineer in Rural Engineering Service Department while officiating as Assistant Engineer at Mirzapur Division executed some construction works of the link road in the year 2007 for which labour sanction was prepared by the concerned Junior Engineer on the instructions of the Executive Engineer. After completion of works, measurement book (MB) was submitted to the petitioner who duly forwarded to the Division for counter signature/passing the same. On the measurement made and muster roll forwarded by the petitioner, the Executive Engineer after verification passed the order for payment of the amount of Rs. 2,18,210.00 in favour of the petitioner for distribution to the labours, which was duly paid to them. The working procedure regarding payment of works for which budget is not allocated is that the misc. advance is made which is adjusted when budget is received and there was no illegality in this procedure.;