Orissa High Court
Unknown vs State Of Odisha [W.P.(C) on 24 July, 2018
W.P.(C) No. 16704 of 2016
15. 24.07.2018 Heard Shri P.C. Nayak, learned counsel for the
petitioner and Shri B.P. Pradhan, learned Additional Government
Advocate for the State-opposite parties.
The dispute in the present writ petition is with regard
to payment of bonus/incentive for early completion of the work. It
is not disputed that the petitioner had completed the work prior to
the scheduled date. The Executive Engineer (R & B) Division,
Bargarh had recommended for payment of 5% incentive in terms
of the amended provisions brought into the OPWD Code with
effect from 08.11.2013. Since the agreement between the parties
was also executed on the same date i.e. 08.11.2013 and as per
the provisions contained in the Detailed Tender Call Notice
(DTCN), the maximum incentive comes to 2%, the Government
had remanded the matter back to the Executive Engineer to pass
fresh orders in the light of the terms of DTCN.
Learned counsel for the parties do not dispute the fact
that the facts of this case are similar to one in the case of M/s.
Maa Santoshi Construction vs. State of Odisha [W.P.(C)
No.18655 of 2017 disposed of on 12.07.2018] which has been
allowed by this Bench on 12.07.2018 directing that the amended
provisions of OPWD Code which had come into force with effect
from 08.11.2013 would be effective and applicable in cases
where the work has been completed after coming into force of
the amendment, meaning thereby that the petitioner would be
entitled to the benefit of payment of incentive as per the
-2-
amended provisions and not as per the DTCN or the agreement
entered into between the parties.
As such, in view of the aforesaid facts and detailed
reasons given in the judgment dated 12.07.2018 passed in
W.P.(C) No.18655 of 2017 (M/s. Maa Santoshi Construction vs.
State of Odisha), we allow this writ petition and direct the
opposite parties to pay the incentive/bonus to the petitioner for
early completion of the work in terms of the provisions of OPWD
Code as amended with effect from 08.11.2013.
The said decision will be taken within six weeks from
today and payment for the same may be made to the petitioner
within four weeks thereafter.
The writ petition stands allowed to the extent indicated
above.
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( VINEET SARAN ) CHIEF JUSTICE .................................. ( DR. B.R. SARANGI ) JUDGE SKJ