IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17577 of 2008 Manoj Kumar, S/o- Gobardhan Singh, resident of Village- Kaser, P.S. Bhagwanpur, District-Kaimur (Bhabua), (Chhavani Mohalla) P.S.- Bhabua, District-Kaimur. …….Petitioner. Versus 1. The State of Bihar through Collector, Kaimur (Bhabua). 2. The District Superintendent of Education-cum-District Coordination Scheme, Samagra Shiksha Programme, Kaimur. 3. The Bihar Education Officer, Office of the Bihar Education Pariyojna, Kaimur (Bhabua). …….Respondents. ------ For the petitioner : Mr. Pramod Kumar Mallick, Advocate. For the respondents : Mr. S. R. Sharan, A.C. to A.A.G.-XI. ----- 06/ 02.12.2010 Heard learned counsel for the petitioner and learned counsel for the respondents-State of Bihar and its authorities. 2. This writ petition has been filed for a direction to the respondents to make payment of due amount of Rs.3,69,954.08 with penal interest at the rate of 18% per annum to the petitioner, who is a Civil Engineer and was appointed to work under the District Superintendent of Education-cum-District Programme Coordinator, Samagra Shiksha Programme, Kaimur (respondent no.2) in different schemes as technical supervisor (Parvekshak) during the Session 2005-06 to 2007-08 and registered as Manoj Kumar-II on remuneration at the rate of 2.5% of the estimated cost. 3. It is claimed that the aforementioned allotment of work was done by different letters (Annexure-1 series) and the work was done with regard to supervision of construction of the building at the cost of Rs.1,54,83,537.60 upon which as per the - 2 - aforesaid agreement, supervision charge of the work done at the rate of 2.5 per cent was Rs.3,81,159.08 out of which only Rs.11205.00 was paid by the respondent vide cheque of Punjab National Bank. Thereafter, petitioner sent several representations and notice (Annexures-3, 4 and 5) for the remaining amount, but has not been paid as yet. 4. A counter affidavit has been filed on behalf of the respondents stating that the work done under the supervision of the petitioner was sub-standard due to which it turned into debris when there was storm for which there is an order of recovery of Rs.29,351.00 from the petitioner vide memo no.475 dated 05.07.2007 and memo no.717 dated 19.07.2008 (Annexure-A and A/1). It is also stated in paragraph 4 of the counter affidavit that vide letter no.968 dated 18.09.2008 (Annexure-C), respondent no.2 had requested the petitioner to furnish Measurement Books (MB) and the certificates issued by the Vidyalaya Shiksha Samiti of the concerned schools where construction work was done under petitioner’s supervision, but it was not supplied and unless the said papers are submitted, the amount for payment cannot be assessed. 5. Considering the arguments of learned counsel for the parties and the materials on record, this writ petition is disposed of with a liberty to the petitioner to move before the District Superintendent of Education-cum- District Programme- Coordinator, Samagra Shiksha Programme, Kaimur (respondent no.2) raising all the points which he has raised before this court - 3 - along with a copy of this order as well as copies of measurement books and the certificates issued by the Vidyalaya Shiksha Samiti of the concerned schools with regard to construction done under the petitioner’s supervision. If such an application is filed by the petitioner within one month, the said authority shall consider the entire matter afresh on the basis of materials on record and shall decide the matter within two months from the date of receipt/production of a copy of this order in accordance with law. If any payment is found to be due in favour of the petitioner it should be paid by the authorities within two months thereafter. Sunil (S. N. Hussain, J.)