NITYANAND SHARMA Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) 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 distributorship which as so allocated by the Indian Oil Corporation, therefore, the advertisement made by the respondents concerning 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 direct to allot one L.P.G. gas agency in the armed quota for the petitioner.

(2.) Sri Ravidra Rai, learned Counsel for the petitioner has been heard at substantial length. He has placed reliance on the decision of the Hon'ble Supreme Court in the cases of R. Viswan and Ors. v. Union of India, reported in A.I.R. 1983 S.C. 658 and Vishaka and Ors. v. State of Rajasthan, reported in A.I.R. 1997 S.C. 3011. Dr. R.G. Padia has put in appearance on behalf of the Indian Oil Corporation while Sri R.C. Shukla Advocate has appeared on behalf of the Union of India. Both these Counsel have opposed the writ petition.

(3.) During the course of arguments, it transpired that the petitioner had already filled writ petition No. 8838 of 1997 in which counter and rejoinder affidavits have been exchanged. The prayer in that writ petition is that the letter dated 13.12.1996 where by the application of the petitioner for allocation of special quota on the grant of certificate to be issued by the respondents be quashed. As prayed the aforesaid writ petition was directed to be listed with the present writ petition as cause of action for both the writ petition is more or less the same. Both the petitions are consequently being disposed of by this order.