CAPT. H.C. CHANDEL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner as an ex -serviceman submitted an application to the Ministry of Defence, Directorate General Resettlement, Ministry of Petroleum and Natural Gas on 28.2.1997 for allotment of petrol pump. The petitioner also submitted an application in the month of August, 2001. The petitioner approached the Hon'ble Delhi High Court by way of CWP No. 6359 of 2002. The case of the petitioner was rejected on 28.1.2002. In view of this, the petitioner had withdrawn CWP No. 6359 of 2002 on 15.2.2006.

(2.) IN the reply filed to CWP No. 6359 of 2003 by the Union of India, it was averred that the Public Sector Oil Marketing Companies release advertisement, invite applications for selection of retail outlet dealerships (Petrol Pumps), LPG distributorships (Cooking Gas Agencies) and SKO -LDO dealerships (kerosene agencies) in respect of locations where these dealerships are to be set up. However, after the dismantling of the Administered Pricing Mechanism (APM) in the petroleum sector w.e.f. 1.4.2002, the Oil Marketing Companies were making selections as per the guidelines adopted by the respective Oil Marketing Companies. There was also reference to the allotment of retail outlet dealerships/LPG distributorships to the widows/next kin of the defence personnel killed in action in 'Operation Vijay' (Kargil). Under this scheme, no advertisement was required to be released and the allotments were made solely on the recommendations of the Director General Resettlement (DGR). The allotments under the discretionary quota of dealerships/distributorships were also made on genuine compassionate grounds, to the deserving persons for the following two categories:

(3.) THE case of the petitioner, in a nut shell, is that as per the norms published on 14.5.1997, his case was required to be considered under discretionary quota. Para 2 of Annexure A -4 dated 14.5.1997 reads as follows: