Court No. - 39
Case :- WRIT - C No. - 18377 of 2019 Petitioner :- Aniket Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinayak Mithal Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri Vinayak Mithal, learned counsel for the petitioner and the learned standing counsel for the respondents.
The petitioner is seeking the payment of the balance amount of Rs. 1,84,462/- with interest for the work done by him during the Magh Mela. From the letter of the Executive Engineer, P.W.D. Allahabad dated 7.11.2016, copy of which has been filed as Annexure-8 to the writ petition, we find that the claim itself is not disputed but what is stated is that the payment could not be made because the funds were not available.
In our opinion this is no ground for not making the payment of admitted dues of the petitioner.
We therefore dispose of this writ petition with a direction to the Mela Adhikari, Magh Mela Authority, Allahabad/District Magistrate, Allahabad to consider the claim of the petitioner and pass appropriate orders bearing in mind the letter of the Executive Engineer dated 7.11.2016 expeditiously preferably within three months from the date of receipt of a certified copy of this order.
We further find that since the dues are admitted by the Executive Engineer, the petitioner will also be entitled to the interest at the rate of 6% per annum as held by the Supreme Court in the case of State of Kerala and others Vs. M. Padmanabhan Nair (1985) 1 SCC 429.
Order Date :- 31.5.2019 o.k.