HEMANTA KUMAR NAYAK Vs. DEPUTY GENERAL MANAGER (OPERATIONS)

JUDGEMENT

(1.) IN this batch of writ petitions, the petitioners, who are tenderers for contract of road transportation of bulk petroleum products from Paradeep terminal of the Indian Oil Corporation Ltd., hereinafter called the "Corporation" for brevity, to its retail outlets and customers at various locations in the State of Odisha, have challenged difference between the unit estimated rates of road transportation of petroleum products prescribed in the tender for Paradeep terminal and that for Bhubaneswar depot as arbitrary, discriminatory and violative of the concept of level playing field.

(2.) IT is apparent from the pleadings of the petitioners that the work to be performed upon award of contract is the same for the tenderers for Paradeep terminal and Bhubaneswar depot, and therefore, the unit rate for transportation should be the same. It is pleaded that the rates prescribed in the tender for the preceding period 2009 -12 was the same for all locations and therefore, the deviation in the tender for the year 2012 -15 is unreasonable. It is further pleaded that the difference in the estimated rate of transportation between Paradeep terminal and Bhubaneswar depot is against the principle of "level playing field". The petitioners alleged that they would suffer irremediable loss and injury, as a result they have prayed that the tender for Paradeep be quashed and directions be issued to the Corporation to invite fresh tenders providing uniform rates of transportation in Rs. per Kl per Km for all supply locations viz. Paradeep terminal, Bhubaneswar depot and Balasore depot. The petitioners further pray that the action of the opposite parties in fixing different estimated rates of transportation for the different locations be declared illegal.

(3.) FROM the rejoinder affidavit filed by the petitioner, it is gathered that the estimated transportation rates are unworkable, unreasonable and unrealistic. The petitioners stated that the concept of average round trip distance is misconceived and the same cannot be the basis for fixing different rates for the different supply locations. They challenged the correctness of the cost of inputs taken for consideration by the Corporation for determining the estimated rates of transportation as set out in their counter affidavit. The petitioners contended that the estimated rate of transport in Rs. per Kl per Km from Paradeep should be Rs.2.14 paise and not Rs. 1.77 per Kl per Km. prescribed by the Corporation in the tender documents. The petitioners cited several examples to suggest that the rate of inputs considered for determination of estimated transportation rates should have been higher. Further, these petitioners alleged that the termination of the estimated rate of transportation based on round trip distance is not reasonable since there is no guarantee of minimum billing.