The petitioner executed certain works on behalf of the Public Works Department. The dispute in this writ petition pertains to overhead charges. The petitioner submits that in terms of Exts.P1 and P2 Government Orders, he is entitled to 5% overhead charges. Overhead charges are not reflected in the agreement or in the schedule inviting tender, the petitioner pointed out that after the execution of the work as per Ext.P5, this was included and forwarded for approval. The final bill has been sanctioned and disbursed without overhead charges. Aggrieved by the above, the petitioner has approached Respondents 1 to 3 by Ext.P7. The petitioner submits that having included overhead charges in the Ext.P5 approved revised estimate, he is entitled to overhead charges. 2. In this matter, the 6th Respondent has filed a counter affidavit. It is stated that Ext.P5 document was prepared by the P.W.D by including all probable items of works including incidental items of works. In the terms of revised estimate, no amount has been approved towards overhead charges. It is also stated that in the original agreement as well as the revised agreement there was no provision for overhead charges. Therefore, the petitioner is not entitled to overhead charges.
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3. The petitioner's case is that by Exts.P1 and P2, he is entitled for overhead charges and Ext.P5 is prepared after the execution of the work. Therefore, it is in compliance of the direction in Exts.P1 and P2, it was included in Ext.P5.
4. The question for consideration is whether the petitioner is entitled for overhead charges. I am of the view that this has to be considered by the 1st Respondent with respect to Government Orders as well as Ext.P5. Whether the petitioner is entitled for overhead charges or not, has to be decided by considering various factors.
5. Therefore, a decision shall be taken by the 1st Respondent based on Ext.P7, after giving an opportunity of hearing to the petitioner, within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
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A. MUHAMED MUSTAQUE, JUDGE.
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