Court No. - 29
Case :- WRIT - C No. - 13943 of 2018 Petitioner :- M/S M.Y. And Sons Throug Its Managing Partner Mamta Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Sanjiv Singh Counsel for Respondent :- Vivek Kumar Rai
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred to quash the order dated 5th April, 2018 passed by the Senior Divisional Commercial Manager, Jhansi Division, North Central Railway, Jhansi (respondent no.4).
Under the order aforesaid, the Divisional Commercial Manager, Jhansi has conveyed to the petitioner that its term of contract to tea stall is going to expire on 24th April, 2018 and, therefore, subsequent thereto he cannot run the tea stall at the platform concerned. A direction was also given to vacate the tea stall and also to satisfy all dues.
The submission of learned counsel for the petitioner is that the respondent have yet not initiated the process for awarding contract to have tea stall at the platforms concerned and, therefore, in the light of the Railway Boards communication dated 28th December, 2017 the petitioner is entitled for grant of temporary extension to run tea stall.
Reliance is also placed by learned counsel for the petitioner wherein the Divisional Commercial Manager, Jhansi has temporarily extended the contract to catering stall for one other vendor from 1st January, 2018 to 30th June, 2018.
Leaned counsel appearing on behalf of the respondents states that the railways is having its Catering Policy of 2017 and according to that no temporary extension can be allowed.
Reliance is place by learned counsel for respondents upon para 11.2 of the Catering Policy, 2017, according to which, tenure of food plaza shall be for a period of 9 years. The tenure of all other catering units (major and minor units) will be for a period of 5 years and there will be no further extension/renewal except for units specifically referred in para 3.8.1.
It is further submitted that para 3.8.1 does not covers the case of the petitioner being only a tea stall.
Heard learned counsels and scanned the documents annexed with the petition for writ.
From perusal of the Railway Boards communication dated 28th December, 2017 it reveals that a direction was given to the authorities competent to ensure uninterrupted catering services to traveling passengers and as an interim arrangement, a temporary extension may also be granted.
The respondent Senior Divisional Commercial Manager, Jhansi has not taken into consideration the communication referred above.
Looking to this fact, we deem it appropriate to dispose of this petition for writ by directing the respondent no.4 to reconsider the request of the petitioner for temporary extension of term to have tea stall by taking into consideration the decision communicated under the letter dated 28th December, 2017. The consideration as above is required to be made within a period of 10 days from the date the petitioner presents a certified copy of this order before him.
With the direction above, writ petition stands disposed of.
Order Date :- 25.4.2018 Bhaskar (Jayant Banerji, J.) (Govind Mathur, J.)