Please elaborate your query. And what dose MB stand for ?.
Revision in schedule of rates of govt. building construction
I am a government school teacher in bihar.I was transferred to a middle school in 2013.Here I came to know that a residential building had to be built for which the then headmaster had made an agreement with the department.But she did not begin the work.when I took the charge as the headmaster,the departmental officers made pressure on me to start the work.At the time of layout it appeared that land was not adequate to start the work.executive engineer decided to build the building in a very big ditch.he changed the design,estimate etc.But no fresh agreement was executed with me.Even estimate was not given to me.departmental officers compelled me to finish the work taking recourse to official order and service conditions.When M.B. was done,it came first time to my knowledge that M.B. was done as per schedule of rates of 2011.estimate and drawings of the changed design was finalized on 17—8—2013.On the changed design,work started in last of September 2013. But government of bihar had revised the schedule of rates with effect from [deleted].Some pieces of work were also left out in the M.B.I made an appeal to the department to book M.B. as per schedule of rates 2013 which was operative when the estimate was prepared and to incorporate all work done which were done under their supervisions.My appeal is still pending.I want to move high court. Please suggest some case laws and judgements which support my case.
Asked 6 years ago in Civil Law
8 Answers
First of all ascertain what kind of case are you planning to file before high court.
Ascertain the relief sought by you through the said case.
Before that you must confirm tht whether you are eligible to file this case, if so whether in the individual capacity or from the government side.
If on the side of the government then whether you have obtained permission to file this cae from government or whether you were authorised to file this type of case and against whom?
Being a government employee you cannot take law into your hands and file any case against the government on your own.
What is your personal grievance in this matter?
If at all there is an irregularity in this then you may send as representation in writing mentioning all the lacuna, irregularities and defects in the present project and also your grievances in it.
The representation may be sent to the competent authority which sanctioned this project by registered post, secure a copy of this representation with the receipt for the registered post which will be helpful in future if you are held liable for the problems if any may arise in this regard in future.
As per your query it could be understand that you have no personal liability. Your Predecessor entered into an agreement with the department to build a residential building. Government works are done by contractor basis via tenders. This is only the issue between department, more over you said your appeal is pending , so how can you go to high court against the department.Better any beneficiary will approach the high court for speedy disposal of your appeal and construction work.
No need to file case in HC
2) your job is to suggest superiors to act as per schedule of rates
3) if department rejects your appeal you have done what was necessary to act as per law
4) keep a copy of correspondence entered into with department for your personal record so that you do not get blamed
You have case on merits you don't require judgements
Sir/Madam,
You may file a writ petition in the high court for the direction to the concerned agency/department to work as per the conditions of the MB as per schedule of the rate of year 2013.
1. Judgement can be searched as per your case facts from other sites which specifically for judgements.
2. You should wait for outcome of appeal filed by you before approaching High court.
1. you have stepped into the shoes of the then headmaster with whom the agreement was executed by govt
2. you first need to check that agreement whether any right is given to the govt. to unilaterally change the layout and plans without any reference to the other party
3. you also have to check in the agreement as to how the govt will reimburse the school for the work done by it under supervision of the officers of the govt.
4. all of this is contractual and the terms of the contract will be binding on the parties
5. if the change in layout and levy of rates is not as per the contract and if these breaches are not redressed by the department before which your appeal is pending, then on final adjudication of the appeal against you, you will have to file a writ petition in High Court
6. since your appeal is pending, you cannot directly go to the high court. You first need to exhaust the alternate remedy of the appeal. However if you can convince the high court that the pending appeal is not an 'efficacious' remedy then the HC may at its discretion hear your writ petition
7. also what is the full form of M.B. please?
