VIJAYAWADA: The Andhra Pradesh High Court directed the state government to clear all pending bills of works taken up before 2019, under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) forthwith and pay 12 per cent interest per annum for the due amount within four weeks.
A single judge bench headed by Justice Battu Devanand delivered the verdict on Tuesday by disposing of more than 1,000 petitions filed seeking release of pending funds for the job works. The court observed that the interest should be computed after one month from the date of submission of the bill till the date of final payment.
The court observed that the state government unlawfully withheld the amounts payable to the petitions without any reason and authority and the court opined that not releasing the amount was nothing but depriving the rights of the petitioners. It said that due to illegal action of non-clearance of bills, the petitioners could not feed and look after the welfare of their family properly.
The court observed that withholding the amount was illegal, arbitrary, unjust and violative of Article 21 of Constitution of India. It said that the state government had been unlawfully enjoying the funds released by the Central government without making payment to the petitioners amounting to ‘unjust enrichment’ which was against the public interest.
The court observed that as the petitioners executed the works, submitted the bills, no inquiries pending against them and the Centre had released 75 percent share of funds, the petitioners failed to receive payment and said that for such an act, the state government was responsible for the delay and it was appropriate to compensate the petitioners for the loss caused to them by the state government.
The court also observed that the Parliament did not anticipate such a situation of delayed payment under job scheme to the workers for material cost while enacting the MGNREGS and hoped that the Centre might take appropriate steps to incorporate relevant provision under such an act, to grant compensation for the delay in payment for better implementation of the scheme.
High Court advocate Narra Srinivasa Rao argued on behalf of petitioners.
