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Judgment
T.R. Ramachandran Nair, J.—These writ petitions are filed by the respective petitioners seeking for identical reliefs namely, to direct the respondents in the writ petitions to disburse the amount due to the petitioners for the work executed by the petitioners in respect of various selection notices and the agreements executed by them. In fact, going by the averments in the statement filed by the respondents, it can be seen that Vigilance Enquiries were pending with regard to various works being executed which delayed the payment due to the petitioners. In W.P. (C) No. 36492/2007, the petitioner has produced EXT. P6 a copy of G.O. (Rt) No. 1077/11/PWD dated 22.08.2011 whereby the disciplinary action initiated against one Sri. J. Thomas has been finalised awarding a minor punishment of censure. In paragraph 9 of the said order, the following directions have been issued to the Chief Engineer:
The Chief Engineer (N.H) shall take necessary action to settle the pending bills of the work according to the provisions laid down in the PWD Manual and report compliance to Government.
Learned counsel for the petitioner in W.P. (C) No. 36492/ 2007 submits that so far no further action has been taken by the Chief Engineer, PWD (N.H) to disburse the amount to the petitioner therein.
With regard to the other two writ petitions also, learned counsel for the petitioners submitted that enquiries are over to the knowledge of the petitioners and there are no findings against the petitioners therein and there is no legal impediment to disburse the amount to the petitioners.
Learned Government Pleader on getting instructions from the Department submitted that the PWD has called for the files from the Vigilance Department and the same are expected to be received within a short time and after the receipt of the files, further action will be taken in the matter. As far as the closing of the Vigilance Enquiries is concerned, only in respect of W.P. (C) No. 36492/2007, the Government has passed an order. If, ultimately, the Government will have to clear the aspects regarding the Vigilance enquiry in the other two writ petitions, the matter will be expedited and appropriate orders will be passed by the Government within a period of three months from the date of receipt of a copy of this judgment. If Government Orders are not required to disburse the amount, necessary steps will be taken by the Chief Engineer in those cases also after getting files from the Vigilance Department. In that view of the matter, the writ petitions are disposed of with the following directions:
In W.P. (C) No. 36492/2007, urgent action will be taken by the 2nd respondent to get back the files from the Vigilance Department so as to disburse the amount to the petitioner therein within a period of two months from the date of receipt of a copy of this judgment. As far as W.P. (C) Nos. 36797 and 36978 of 2007 are concerned, if Government Orders are not required, therein also action will be finalised within a period of two months and if Government Order is required, action will be finalised within a period of one month from the date of receipt of the Government Order.