NITYANAND SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) PALOK Basu and D. K. Seth, JJ. The petitioner Nityanand Sharma's father was admittedly a member of Department of the Central Government known as General Reserve Engineering Force having been employed therein as a Driver. The petitioner claims that he is entitled, being the heir of an employee of the Armed Forces who had died, the special quota of allotment of L. P. G. Gas distributionship which is so allocated by the Indian Oil Corporation therefore, the ad vertisement made by the respondents con cerning the L. P. G. gas agency as a general category is incorrect and the petitioner's prayer for allocation of that agency have been wrongly rejected by the respondents. Consequently the powers under Article 226 of the Constitution of India may be exercised, advertisement may be quashed and the respondents be directed to allot one L. P. G. gas agency in the armed quota for the petitioner.

(2.) SRI Ravindra Rai, learned Counsel for the petitioner has been heard at sub stantial length. He has placed reliance on the decision of the Hon'ble Supreme Court in the cases of R. Viswas and others v. Union of India, A. I. R. 1983 SC 658 and Vishaka and others v. State of Rajasthan, AIR 1997 SC3011. Dr. R. G. Padia has put in appearance on behalf of the Indian Oil Corporation, while SRI R. C. Shukla Advo cate has appeared on behalf of the Union of India. Both these Counsel have op posed the writ petition.

(3.) FURTHER reliance was based on the observation of the Hon'ble Supreme Court made in paragraphs 1, 9 and 14 in the case of R. Viswan (supra) it was con tended by Sri Ravindra Rai that petitioner thus become an active member of the armed force and therefore, for all practical purposes, the aforesaid ruling should be applied to up-hold the claim of the petitioner that he is entitled to a certificate of that effect.