IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.19494 of 2009 Date of Decision: December 17, 2009 Harmohan Singh .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. R.K. Girdhar, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) Petitioner claims that respondents had issued a work order and in pursuance of that he had executed the work to the satisfaction of the respondents but due to acute shortage of funds, payment has not been made to the petitioner. Counsel for the petitioner has submitted that neither there is any defect in the work executed nor any legal impediment in the release of funds. Issue notice of motion. On the asking of the Court, Mr. B.S. Chahal, Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. Copy CWP No.19494 of 2009 [2] of the petition has been supplied to him. On request of the learned counsel, the petition is taken up for final disposal today itself. Heard. I am of the opinion that the petitioner is entitled to payment for the works done, in case the facts so warrant. If the works have been concluded successfully to the satisfaction of the respondents, the payment cannot be withheld on the mere ground that funds are not available. Under the circumstances, the respondents are directed to release admitted payment to the petitioner, if there is no legal impediment, within three months from the date of receipt of copy of the order, failing which the petitioner shall be entitled to interest on the amount due at the rate of 8% per annum. The interest shall be calculated from the date of amount due till the final payment is made. In case respondents find that the petitioner is not entitled to the payment, they may pass a speaking order detailing the grounds on which the petitioner is not entitled to the payment. CWP No.19494 of 2009 [3] With the observations made above, the present petition is disposed of. (AJAI LAMBA) December 17, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?