COIMBATORE DISTRICT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of certiorarified mandamus to call for the records of the second respondent in No. 22-1/2001-PHB dated 27. 3. 2001 and quash the order in so far as it prohibits levy of service charges by STD/isd/pco franchisees.

(2.) THE petitioners are STD/isd/public Telephone (Private) Operators Welfare Association.

(3.) THE brief facts of the case are as follows: (i) The Ministry of Telecommunications announced a liberalised policy, by which Local/std/isd Pay phones were offered including the basic infrastructure to all those who volunteer to provide, operate and maintain the Pay phones. It was announced mainly to provide employment to unemployed youths and other eligible candidates. As per the New Policy, the private individual has to procure place for installation and install necessary equipment at their own cost and they have to carry out the instructions issued from time to time by the Department. The licence to run the booths is given to persons who satisfy the policy and guidelines issued by the Government. The members have to pay the rent for the premises, wages to the employees and other charges. There is no condition with regard to minimum distance between two pay phones and hence there is a heavy competition in this telecom industry. Of late, the members are finding it difficult to run the booths because of their dwindling income. The rates of commission payable to the booth operators have also been fixed. The circular dated 29. 11. 1999 further worsened the already deteriorating working conditions of the PCOs. Under the revised policy, the applications for allotment of booths are cleared as quickly as possible. The New Policy results in location of several booths without any regard for the necessity for additional booths. The members were entitled to collect service charge of Rs. 2 for STD/isd calls. But, after introduction of '91' facility on 15. 8. 1998, this Rs. 2/- was not to be collected from the customers. Therefore, the income was considerably reduced. When the Government introduced '95' facility, i. e. intra circle calls, the pulse rate was also reduced and the status of such calls were altered. Therefore, franchisees were agitating for the service charge of Rs. 2/ -. But, it was turned down. Only a marginal increase of commission to 20 paise per call was allowed. The service charge levied for calls between 51 to 200 kms was taken away. The second respondent issued a Circular dt. 27. 3. 2001 providing for revision of commission and service charge for STD/isd/pco franchisees. The impugned order drastically affected the income of the franchisees by prohibiting the levy of service charges. The petitioner-Association represented to the authorities about their grievances but in vain. Hence, the present writ petition. (ii) The tariff order specifically permitted levy of service charge of Rs. 2/- for calls made from PCOs in respect of STD/isd calls. The calls between 51 and 100 kms of radial distance must also to be treated as STD calls as they have to go through STD lines and hence levying of service charge of Rs. 2/- is legitimate; and denying that, is illegal. Hence, the impugned order is to be set aside.