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Judgment
The petitioner is the convenor of the workers
engaged usually for executing forestry works. The case of the
petitioner is that the amounts due to the workers represented
by him in respect of 12 works executed by them have not been
disbursed. He, therefore, seeks appropriate direction in this
writ petition for disbursement of the proceeds of the works
executed by the workers represented by him.
After the filing of the writ petition, the petitioner
produced a communication sent by the Chief Forest Conservator
(I & E), Kottayam to the Additional Principal Chief Forest
Conservator (Vigilance), Thiruvananthapuram. It is stated in the said communication that the petitioner has completed 7 out
of 12 works referred to in the writ petition and the payments
due in respect of the same have not been effected since the
estimate for the said works was not sanctioned by the
appropriate authority. In the said communication, it is stated
that the petitioner is entitled to the payments in respect of the
said 7 works.
It is pointed by the learned Special Government
Pleader that since the works have been executed, a decision in
this regard can be taken only by the Principal Chief Conservator
(Forest & Management), Thiruvananthapuram.
The fact that the petitioner has executed 7 out of
12 works referred to in the writ petition, is not in dispute. As
such, the petitioner is entitled to the payment thereof, for, he is
not responsible for the execution of the works without the
estimate sanction. As regards the remaining works, he is
entitled to payment for the portion of the works which he has
completed.
In the circumstances, the Principal Chief Conservator
(Forest & Management), Thiruvananthapuram is impleaded suo
motu as additional third respondent in the writ petition and the
writ petition is disposed of directing the additional third
respondent to take a final decision as regards the payment to
be made to the petitioner for the completed works as also the
works which have not been completed by the petitioner. This
shall be done within three weeks from the date of receipt of a
copy of this judgment.