CHANDRO DEVI Vs. UOI

JUDGEMENT

(1.) HEARD counsels for the parties. The petitioner seeks a direction for quashing of a letter dated 24. 06. 2004 whereby her request for transfer of catering/vending license in her favor was rejected.

(2.) BRIEFLY the facts are that the petitioner's husband was operating a stall in the Nangloi railway Station. The license was issued by the respondents in terms of a policy which existed between 1968 and 1999. Apparently, on 24. 06. 1999, the respondents, (Indian Railways) issued a letter directing all Railways to charge License Fee at 12% on sales turn-over. The policy was challenged as arbitrary and the petitioner's husband preferred CWP 5542/2000. When proceedings were pending, the respondent Railways unveiled its new Catering Policy for 2000. In terms of the new policy, existing licenses of all shops and vending contractors could be renewed for a period of 5 years or upto October 2005. It is claimed that the petitioner's husband sought for renewal of the license, scheduled to expire on 30. 11. 2000. Apparently, the respondents did not indicate their position and when the matter stood thus, the petitioner's husband died on 22. 11. 2001.

(3.) THE petitioner claims that the respondents closed down the stalls and trolleys which were operated by her husband, on 13. 12. 2001. She approached the respondents on 15. 12. 2001 asking for transfer of the licenses in her favor. She adverts to several letters written by the respondents requiring her to clear the arrears of license fee to enable them to process the request for transfer. The first such letter written by the respondents in December 2001 is in the following terms: "northern RAILWAY DELHI DRM OFFICE date : 12. 01 N. RLY. NEW DELHI smt. CHANDRO DEVI, w/o LATE SHRI DEEP CHAND, vending CONTRACTOR, nangloi through SS/nno sub : DEPOSIT OF REVISED L/fee AND REOPENING OF stall/trolleys ref : YOUR REQUEST NO. NIL DATED 21. 12. 01. Your request for re-opening of holding has been considered after depositing the revised L/fee arrears w. e. f. 1. 7. 99. Please deposit the arrears of revised L/fee first. After clearing of outstanding, transfer process will be initiated. Sd/-For D. R. M. N. Rly. New Delhi. Copy to: SS/nno for information and n/action. Please recover the arrears of revised L/fee w. e. f. 1. 7. 00 from Smt. Chandro Devi W/o Late Deep Chand, vending Contractor, NNO first. "