GIAN SINGH VIRDI Vs. PRESIDENT, SPORTS COUNCIL

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus or any other direction to respondents directing them to reimburse the air fare, boarding and lodging charges incurred by the petitioner for representing Chandigarh/India in the International Veteran Athletic Championships held abroad. A further prayer has also been made to quash order dated 26.10.1999 (P-16) and also an order dated 6.7.2001, passed by the respondent rejecting the claim of the petitioner for reimbursement of those expenses.

(2.) Facts necessary for disposal of this petition are that the petitioner, who is a senior citizen, a Veteran Athelete, National and Asian Champion and a Record Holder in 5 kilometers Rapid Race Walk, has approached this Court for reimbursement of expenses, which he had incurred to attend the 1Xth Asian Veteran Athletic Championship held at Seoul, South Korea. The petitioner participated in Carnival Walk held at Sukhna Lake in November, 1995 and he stood first. Taking inspiration from his first position in the Carnival Walk, he proceeded to take part in the Veteran Athletic Championships. He represented Chandigarh in the XVIII National Veteran Athletic Championship held at Mysore. He won gold medal and smashed the National Record in 5 kilometers walk (32.12 minutes) in the Men category of the age of 60 plus (P- 1). On 27.5.1996 he was selected by the Indian Veteran Athletes Federation (registered) (for brevity the 'Federation') to represent India at the IX Asian Veteran Athletic Championship which was to be held at Seoul (South Korea). His case for grant of financial assistance was forwarded by the Federation to respondent on 5.6.1996 (P-3). It is claimed that under the Sports Council (Chandigarh) Rules, 1989 (for brevity 'the Rules'), the expenditure in support of the following items is reimbursable :

(3.) The respondent made an offer of Rs. 25,000/- to the petitioner on the condition that if he failed to secure a gold medal then he had to refund the amount paid to him. The condition although stated to be very harsh yet the petitioner accepted the same and filed an affidavit to the effect that if he failed to win the gold medal then full expenditure incurred by him was to be reimbursed (P-5). On furnishing an affidavit, respondent released an amount of Rs. 25,000/- by a Cheque No. 341953 dated 25.9.1996. The petitioner actually won gold medal in October 1996 and established a new Asian Record 27.12 minutes in 5 kilometers walk in the Men 60 plus category (P-6). Another certificate has also been attached with the petition showing that the time of the petitioner was better than all categories of veterans from 40 plus onwards. The petitioner requested for reimbursement of the remaining amount as per the stipulation made in the affidavit (P-8), however, the same was not paid.