NIRMALA SHRIVASTAVA Vs. OIL SELECTION BOARD MADHYA PRADESH

JUDGEMENT

(1.) NOTICE (Annexure A-5) of Bharat Petroleum Corporation Limited stipulates allotment of L. P. G. Distributorship to Freedom Fighters. Accordingly, applications were received. Among them Shri V. P. Shrivastava and Shri K. N. Dixit were also applicants. The distributorship was allotted in favour of respondent No. 3, Shri K. N. Dixit, which was challenged by the petitioner through Writ Petition No. 4015/1994. By order of 13-11-2000, the learned Single Judge has rejected the writ petition on two grounds, namely; the case is not covered by the guidelines for allotment of distributorship and no right flows, after the death of V. P. Shrivastava, in favour of his legal heirs.

(2.) SHRI Arvind Chouksey, learned Counsel for appellants, reiterated the submissions once raised before the learned Single Judge. It is submitted that respondent No. 3 is not a Freedom Fighter. On being asked, what appellants mean by "freedom Fighter", explanation is one who is receiving freedom fighter's pension from the Central Government. To buttress this submission, learned Counsel refers to Annexure A-26, item 16. We are not convinced by this submission. Notice of Bharat Petroleum Corporation Limited (Annexure A-5) provides for allotment of distributorship to Freedom Fighters. No stipulation has been brought to our notice nor can be there, that distributorship can be allotted only to those freedom fighters who are in receipt of Freedom Fighter's Pension from the Central Government. Item 16 (Annexure A-26) speaks about the proof. From this it cannot be spelt out that eligibility for allotment of distributorship is confined to only the pensioners of Central Government.

(3.) WHO is a Freedom Fighter ?