- (1.) This writ application has been filed for the following reliefs:- That the instant application is for quashing of letter contained in Annexure-5, by which the Respondent No.2, the Principal Secretary, IT Deptt., Govt. of Jharkhand illegally and arbitrarily issued letter reducing the rate of payment from 1750/- to 1000/- per candidates, which was decided in the year 2008, after being selected as lowest one in the tender. Since then petitioner working and regular payments are being made to the petitioner, but suddenly above letter was issued without any rhyme and reason which resulted in non-payment to the petitioner though the cheques/Drafts are ready for payment. The petitioner also prayed for issuance of direction/order commanding upon the respondent No.2 & 3 for issuance of following reliefs; (a) release of due payment at the sanctioned/approved rate against works done on behalf of Department of IT, Govt. of Jharkhand to be paid by the concerned Deputy Commissioners; (b) Allowing continuance of allotted IT work which has been withheld from July 2011; (c) declaring circulation of revised payment rate @ 1000/- per trainee contrary to the level wise rates already approved by the concerned Deputy Commissioners as void and illegal; (d) staying the execution of newly floated Tender Published in 'Hindustan' Daily, dated 18.9.2011 and the date for submission of bid is 15.10.2011 for the same work before completion of awarded term of contract for three years.
(2.) It appears that the State Government took a decision for providing computer training to its officers and employees and in view of the above decision, the Deputy Commissioners of different districts issued a short tender notice inviting bids from different organisations for imparting training to the officers and employees of the State Government posted in different districts. It also appears that petitioner participated in the said tender in 17 districts and quoted rate per candidate for giving training to the officers and employees, which is as follow: Level-I Per man @1750/-, Level-II Per man @885/-, Level- III Per man@1264/-, Level-IV Per man @885/- (With Study Material and Lunch Packet) per trainee.
(3.) It appears that the Deputy Commissioners of various districts accepted the bid of the petitioner and issued work order. Thereafter, an agreement executed at the level of district in between the petitioner and the concerned Deputy Commissioner and/or person authorised by him. In the said agreement also, both the parties had agreed upon the rate stated herein above. Thereafter, petitioner started giving training to different officers and employees of the districts. It is stated the petitioner was receiving payment as per the rate quoted in the agreement. Suddenly, vide Annexure-5, respondent no.2, the Principal Secretary, Department of Information Technology, Govt. of Jharkhand, while allotting the fund for computer training, had directed to the Deputy Commissioners to make payment to the trainer/petitioner at the rate of 1000/- per person. Accordingly, on 15.06.2011, petitioner received a letter from the Deputy Collector (District Establishment), Gumla whereby the petitioner was informed that as per the direction of the Principal Secretary, Department of Information Technology, Govt. of Jharkhand, the rate for giving training per person has been reduced to 1000/-, thus, the petitioner was directed to submit bill accordingly, so that payment can be made in favour of the petitioner. It then appears that after receiving the above letter, petitioner stopped giving training and present writ application filed.;