AHMAD SIDDIQUI SON OF RAZI AHMAD SIDDIQUI Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF RAILWAYS

JUDGEMENT

(1.) THE petitioner is aggrieved by letter dated 28.11.2008 (Annexure -2) of the Additional Chief Commercial Manager, East Central Railway, Hajipur (respondent No. 5) communicating that as per the decision of the competent authority of the East Central Railways, Clause 6.4 of the agreement with the petitioner in respect of leasing of parcel van was being deleted and consequently petitioner prays that the said clause be declared to continue to be operative as a part of agreement binding the parties and monies realized by the Railways as a consequence of its unilateral decision be ordered to be refunded and/or adjusted against future liabilities.

(2.) Railways have appeared and filed an exhaustive counter affidavit and with consent of parties, the matter was heard at length for final disposal of the writ petition at this stage itself.

(3.) THE facts are not in dispute. Railways invited tenders for leasing out space in parcel vans attached to passenger trains on round trip basis with a view to increase space utilization and thereby increase revenue. In pursuance to the said scheme, on 03.11.2006, tenders were floated by the East Central Railways in respect of leasing out space in one parcel van on round trip basis attached to Train No. 3201/3202 between Rajendra Nagar Terminal, Patna to Lokmanya Tilak Terminus, Mumbai. Petitioner, being the sole bidder after negotiation, was awarded the said lease contract and an agreement was entered into and signed by the parties on 08.03.2007 (Annexure - 1). The work order, to commence the lease, was issued on 12.03.2007. The contract was for a period of three years wherein the charges for single trip was fixed at Rs. 43,500/ - and for round trip, Rs. 87,000/ -. The agreement contained a clause in respect of leave to lease holder wherein he could get remission in the leased money. This is contained in Clause 6 and its sub -clauses upto Clause 6.4 and reads as follows: 6.0 Grant of leave to leaseholder 6.1 The provisions of leave shall be made applicable only to leasing contracts which have been leased out for Long Term or Medium Term basis or Short Term basis at the rate of maximum of 1(one) day 'sleave per month (for 30 days operation) in case of weekly/bi -weekly trains, the leave would be granted at the rate of 1 day for 30 trips of the train. 6.2 This leave can be availed by the leaseholder as per his choice of national holidays like 15th August, 26th January, 2nd October or regional festivals such as Holi, Diwali, Bihu, Pongal etc. In all such cases, adjustment in lumpsum leased freight will be allowed for subsequent/future loading by the same leaseholder at the station itself. Leave can be accumulated and be availed of at one time also. At the end of each year, accumulated leave would lapse, and balance leave at the start of next year will start from zero. 6.3 Leaseholder can also avail of 1 day non -loading per week by depositing 15% of the lumpsum leased freight rate. However, such notice of non -loading must be given at the station, at least 48 hrs before the departure of the train. 6.4 In addition to above leave, the lease holder can also avail more number of days of non -loading by depositing 30% of the lumpsum leased freight rate. However, such notice of additional days of non -loading must be given at the station, at least 48 hrs before the departure of the train. (include this para, if applicable, otherwise this para should be deleted.)