ASHOK SEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The order dated 11-3-2005, passed by the Divisional Superintendent, Assam State Transport Corporation, Tezpur (hereafter referred to a corporation) rescheduling the timings of departure of buses from GW/HW/Ga 304/2005/RUG/NRK/15341/2005 Tezpur station to Guwahati via Mangaldai, is the subject matter of challenge in the instant proceeding. The pleadings having been exchanged and as agreed to by the learned counsel for the parties, this petition is being disposed of at the admission stage itself.

(2.) I have heard Mr. M. H. Choudhury, learned counsel for the petitioners and Ms. U. Baruah, learned standing counsel of the Corporation for the respondents.

(3.) The rival cases of the parties as outlined in this pleadings deserve attention at the outset. According to the petitioner, the Corporation introduced a scheme under the name and style of "Self Employment Scheme of ASTC 2001", whereunder private bus owners were allowed to operate their buses on the Corporation routes under its banner. Under Clause 50 (B) of the said scheme, the routes were to be offered on first come first service basis and Clause 50 (C) provided that the time gap between the two services on the same route would not be less than 15 minutes. The grievance of the petitioners, who had under the scheme placed their buses to avail the Corporation routes as envisaged under the scheme, is that by the impugned order, the time gap between their services have been reduced below 15 minutes. Further, the norm of offering the routes, on first come first serve basis has also been violated. Their representation against the said decision before the appropriate authority of Corporation having failed to yield any result they are before this Court.