Gauhati High Court
M/S Srl Associates vs The State Of Assam And 6 Ors on 26 May, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010185992019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5774/2019
M/S SRL ASSOCIATES
HAVING ITS PRESENT REGD OFFICE AT H NO. 17(A), UTTAR
ANANDANAGAR, GANESH MANDIR PATH, GUWAHATI- 781020, REP. BY
ITS PARTNER NO.1, SHRI SUMIT BAYAN, S/O- SHRI DILIP BAYAN, R/O-
UTTAR ANANDA NAGAR, GANESH MANDIR PATH, GUWAHATI- 781020
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM,
HEALTH AND FAMILY WELFARE DEPTT, DISPUR, GUWAHATI- 781006
2:ADDITIONAL CHIEF SECRETARY
TO THE GOVT OF ASSAM
FINANCE DEPTT
DISPUR
GUWAHATI- 781006
3:COMMISSIONER AND SECRETARY
SPORTS AND YOUTH WELFARE DEPTT
DISPUR
GUWAHATI- 781006
4:MISSION DIRECTOR
NATIONAL HEALTH MISSION
CHRISTIAN BASTI
GUWAHATI- 781005
5:DIRECTOR
HEALTH SERVICES
ASSAM
HENGRABARI
Page No.# 2/5
GUWAHATI- 781036
6:DEPUTY COMMISSIONER
KAMRUP(M)
GUWAHATI- 781001
7:JOINT DIRECTOR
HEALTH SERVICES
KAMRUP(M)
ASSAM
GUWAHATI- 78100
Advocate for the Petitioner : MR. K SARMA
Advocate for the Respondent : MS S SARMA, SC, HEALTH (R-1,5,7)
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 26.05.2022 Heard Mr. K. Sarma, learned counsel for the petitioner; Ms. S. Sarma, learned Standing Counsel, Health & Family Welfare Department for the respondent nos. 1, 5 and 7; Ms. A. Bora, learned Standing Counsel, National Health Mission [NHM] for the respondent no. 4; Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 2; and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 and 6.
2. The petitioner is a partnership firm and it has been averred that it is engaged in the business of supplying medicines, surgical products and other allied items. The respondent no. 7 by a supply order dated 04.02.2016 [Annexure-2] issued in favour of the petitioner, had aksed the petitioner to supply medicines and surgical items, as mentioned in Annexure-1 to the supply order, at the rates quoted by the petitioner.
3. It is the case of the petitioner that after receipt of the supply order dated 04.02.2016, it supplied all the items as per Annexure-1 to the supply order. The medicines and surgical Page No.# 3/5 items, mentioned in Annexure-1, were required by the Deputy Director, Medical & Dope Control of the Organizing Committee of the 12th South Asian Games, Guwahati and the petitioner accordingly delivered those items at the District Drug Store on 05.02.2016 vide a challan of even date [Annexure-3]. The District Drug Store had duly received the supplied items by making an endorsement to that effect in the challan copy. According to the petitioner, after executing the supply order it submitted the final bill amounting to Rs. 11,19,902/- [Annexure - 4] before the respondent no. 7 on 04.03.2016. Thereafter, the petitioner pursued the matter of disbursal of the aforesaid sum with the respondent authorities for a long time. When the petitioner did not notice any discernible action and earnest efforts on the part of the respondent authorities to disburse the aforesaid sum, the petitioner has stated that it has to approach this Court by this writ petition seeking inter alia a direction to the respondent authorities, more particularly, the respondent no. 7 to disburse the sum of Rs. 11,19,902/- which, according to the petitioner, is an admitted liability.
4. The respondent authorities were put on notice on 30.08.2019. The respondent no. 4 has filed an affidavit-in-opposition wherein it has been averred that as per the direction of the Deputy Secretary to the Government of Assam, Health & Family Welfare Department, contained in a letter no. HLA.150/2016/7 dated 02.02.2016, the respondent no. 6 was requested by the respondent no. 4 vide a letter no. NRHM/PROC/Misc/1649/2013-14/Part-
I/III dated 04.02.2016 to procure the required medicines and surgical items for 12 th South Asian Games, 2016 from authorized/accredited firms on the basis of actual requirements, utilizing the fund of the District Health Society, Kamrup [Metro]. It was a mandate that the expenditure was to be reimbursed by the South Asian Games Secretariat subsequently.
4.1. It has further been averred that the Health & Family Welfare Department, Government of Assam vide its letter no. HLA 812/2011/66 dated 17.03.2017 wrote to the Sports & Youth Welfare Department, Government of Assam for reimbursement of the payment against the final bill submitted by the petitioner in connection with 12 th South Asian Games, 2016. It has been stated that the matter regarding release of payment against the final bill submitted by the petitioner was processed at the end of the respondent no. 4 for Page No.# 4/5 necessary approval and sanction of fund from the Government and the concerned file was sent to the Health & Family Welfare Department on 27.07.2018.
5. When the writ petition was listed on 06.05.2022, the learned Standing Counsel, Health & Family Welfare Department had submitted that a communication bearing no. HLA.150/2016/34 dated 05.05.2022 was received from the end of the Additional Secretary to the Government of Assam, Health & Family Welfare Department, whereby, the Department had sought for further 15 [fifteen] days' time to place instruction in the case including response to be received from the Sports Authority of India, New Delhi. On perusal of the materials on record, it is seen that it was submitted on earlier occasions that the bill amount was to be reimbursed by the South Asian Games Secretariat.
6. Today, the learned Standing Counsel, Health & Family Welfare Department has placed a letter bearing no. HLA.150/2016/35 dated 23.05.2022 of the Additional Secretary to the Government of Assam, Health & Family Welfare Department wherein it is mentioned that despite communicating the matter by the Health & Family Welfare Department with the Sports Authority of India, New Delhi regarding reimbursement of expenditure incurred vide the supply order dated 04.02.2016, no communication has been received from the end of the Sports Authority of India. It is also mentioned that if no communication is received in this regard from the Sports Authority of India then the Government of Assam shall pay the amount after placing the same in a supplementary budget proposal in the month of November, 2022.
7. The learned Standing Counsel, Health & Family Welfare Department, Assam by referring to the contents of the letter dated 23.05.2022 [Supra] has submitted that, firstly, since the claim regarding the amount of Rs. 11,19,902/- is an admitted liability; and secondly, as on date, there is no fund for disbursal of the said amount; and thirdly, a proposal for the amount of Rs. 11,19,902/- would be prepared by and placed in a supplementary budget proposal in the month of November, 2022, the instant case is squarely covered by the full Bench judgment of this Court, rendered on 29.08.2008, in Writ Appeal no. 484/2005 [ Tamsher Ali and Ors. vs. State of Assam and Ors.], reported in 2008 [4] GLT 1 [FB] and similar other 194 Page No.# 5/5 writ petitions and as such, the respondent authorities will process the claim of the petitioner in the light of the principles enunciated in the aforesaid judgment.
8. In view of the above submissions made by the learned counsel for the parties, this writ petition is disposed of, at the admission stage itself, with a direction to the Commissioner & Principal Secretary to the Government of Assam, Health & Family Welfare Department, Assam to examine and process the claim of the petitioner within a period 45 days from the date of receipt of a certified copy of this order and, then, the respondent authorities shall proceed to disburse the entitlement of the petitioner against the supply order dated 04.02.2016 in accordance with law and in the light of the directions contained in Tamsher Ali [supra].
9. The petitioner after obtaining a certified copy of this order, shall submit the same at the office of the Commissioner & Principal Secretary to the Government of Assam, Health & Family Welfare Department, Assam for his doing the needful.
10. This order disposes of the writ petition.
JUDGE Comparing Assistant