H.K. BASOYA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition has been filed by the petitioners impugning an order dated 10.06.2014 passed by the respondents rejecting the representation made by the petitioners on 14.10.2013. By the said representation, the petitioner had requested that the Ex -servicemen empanelled with the Director General of Resettlement under the policy as existed prior to 09.07.2012 to be considered at par with the Ex -servicemen empanelled under the policy after 09.07.2012. The petitioners had earlier filed a writ petition (W.P. (C) No. 2983/2014) challenging the amended policy. By an order dated 12.05.2014, this Court disposed of the said writ petition with a direction to respondent no. 1 to dispose of the representation of the petitioner made on 14.10.2013.

(2.) BRIEF facts of the case are that the petitioners are Ex -servicemen and empanelled themselves with Director General of Resettlement (hereinafter referred to as 'DGR') for providing security services sponsored by the DGR. Petitioner no. 1 and 2 were permitted to render services through their respective proprietorship concerns, namely, "Shakti Security and FM Services" and "Arrow Manpower Solution". After their empanelment, the petitioners joined together to form a company named 'Siona Security and Management Services Private Limited', which was incorporated under the Companies Act, 1956. The petitioners participated in the said company as directors. Undisputedly, even though the petitioners are rendering security services through their private company, the sponsorship by DGR is determined on the basis of their individual entitlement.

(3.) AS per the policy that existed prior to 09.07.2012, an empanelled Ex - servicemen would be entitled to sponsorship of 300 guards, that is, 75 guards per year for four years or till the Ex -serviceman reaches the age of 63 years whichever is earlier. Thus, the maximum sponsorship that an Ex - serviceman could avail from DGR was 300 guards. This sponsorship could also be availed by an empanelled ex -serviceman through an incorporated company.