RIFAT JABEEN Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Senior Regional Manager, Hindustan Petroleum Corporation Limited, Bari-Brahmana, Jammu-respondent No. 2 herein on 12th April 2007, issued a notice for appointment of Liquid Petroleum Gas (LPG) Distributors for different locations including Pattan, District Baramulla. Appellant responded to the notice under Physically Handicapped Category and so did respondent No. 8.

(2.) Appellant 's case for allotment of Distributorship in question was considered by the respondents. She in all secured 92 marks and therefore had a clear chance to get the Distributorship allotted in her favour. Respondent No. 4 vide letter No. JLRO/MKTG-17 dated 16th Oct. 2009, issued Letter of Intent (Provisional) for LPG Distributorship at Pattan, District Baramulla, J&K, Category "PH" (W) Marketing Plan 2004-05 in favour of t he appellant. Respondent No. 4 through medium of aforementioned letter offered LPG Distributorship at Pattan to the appellant on the terms and conditions laid down therein. Sales Officer of the respondent Corporation vide Letter No. HHK/Exp/Pat Dated 28th Oct. 2009, asked the Appellant to construct LPG Godown, to store 12000 KG LPG as per the specification of CCOE.

(3.) Notwithstanding the Letter of Intent and subsequent developments, Appellant could not establish the Distributorship as respondent No. 8 through medium of civil suit questioned her very eligibility for Distributorship in question. Though the ad-interim injunction granted was vacated and temporary application dismissed by trial court and thereafter the order of the trial court dated 19th Nov. 2008, was upheld by the First Appellate Court, yet the development did not make any difference for the Appellant. The Appellate Court while dismissing Civil First Miscellaneous Appeal against the trial court order dated 19th Nov. 2008, in effect, left room for the inquiry into the complaint filed by respondent No. 8