Bombay High Court
Sudhakar Dattatraya Deomali vs Indian Oil Corporation And Others on 21 June, 2016
Bench: S.V. Gangapurwala
1 WP-4151.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4151 OF 2013
Sudhakar S/o Dattatraya Deomali,
Age: 50 yrs, Occ. Business,
P/o Ms Sunder Inden
M.N. No 1857, Main Road, Phulambri
Dist. Aurangabad ...PETITIONER
versus
1. Indian Oil Corporation,
Through its
Deputy General Manager (LPG)
Marketing Devision
for Maharashtra State
254-C, Dr. Annie Bezent Road
Worli Colony, Mumbai-30
2. Indian Oil Corporation Ltd.
Area Officer, Area Office,
Anti Commerce Centre, 5th Floor,
East STreet, Camp Pune
3. The Union of India,
Through Secretary,
Petroleum Ministry New Delhi. ...RESPONDENTS
.....
Mr. A.B. Kadethankar, Advocate for petitioner
Mr. Alok Sharma, Advocate for respondents No. 1 and 2
Mr. S.B. Deshpande, ASG for respondent No. 3
.....
CORAM : S. V. GANGAPURWALA AND
K.K. SONAWANE, JJ.
DATED : 21st JUNE, 2016.
ORAL JUDGMENT : (Per : S.V. Gangapurwala, J.)
1. Rule. Rule made returnable forthwith and heard finally with
consent of learned advocates for the parties.
2 WP-4151.13
2. Petitioner assails order dated 30-04-2013 issued by respondent
No. 1, thereby terminating letter of intent/distributorship agreement of
the petitioner. This Court vide order dated 14-05-2013 has granted ad-
interim relief in terms of prayer clause "C" i.e. respondents were
prevented from discontinuing the petitioner's LPG distributorship
license and agreement by staying execution and operation of the
impugned order dated 30-04-2013.
3. Said ad-interim relief granted vide order dated 14-05-2013 is
still in force.
4. Mr. Kadethankar, learned counsel for petitioner submits that
petitioner is an ex-serviceman, who had suffered disability while in
service and was discharged from the defence services. Disability
Certificate was also issued. Pursuant to advertisement issued by
respondents No. 1 and 2, the petitioner had applied being ex-
serviceman and having suffered disability while in service. The
petitioner was selected and was issued LPG distributorship by
respondents No. 1 and 2. Show cause notice dated 04-12-2012 was
issued to the petitioner on the ground that eligibility certificate issued
to the petitioner has been cancelled. Though petitioner has replied said
notice, however, order of termination of distributorship agreement was
passed by respondent No. 1 on 30-04-2013.
5. Learned counsel for the petitioner submits that petitioner
approached to Armed Forces Tribunal against rejecting eligibility
certificate by filing Original Application. The Tribunal has allowed said
3 WP-4151.13
Original Application and held that petitioner suffered disability from
01-07-1992 and at the time of discharging the duties, he had suffered
disability, therefore, petitioner is entitled to the benefit of the of
rounding off the disability pension from 11.14% to 50%. According to
learned counsel, as the Tribunal has allowed Original Application, the
impugned order deserves to be set aside.
6. We have heard Mr. Sharma, learned counsel for respondent Nos.
1 and 2. According to learned counsel, the fact of the eligibility
certificate being cancelled was existing as on the date of issuance of
show cause notice and there was no illegality committed by respondent
No. 1 while passing the impugned order and the same has been passed
on the basis of cancellation of eligibility certificate by the defence.
7. We have heard Mr. Deshpande, Assistant Solicitor General for
respondent No. 3.
8. We have considered the submissions canvassed by learned
counsel for respective parties. Basis for issuance of show cause notice
dated 04-12-2012 by respondents No. 1 and 2 appears to be a letter
dated 11-09-2012 received from the Government of India, Ministry of
defence, informing that eligibility certificate dated 05-12-2007 issued
by the Defence to the petitioner is cancelled. Facts as on the date of
issuance of the certificate were existing as stated in show cause notice.
It appears that petitioner approached before the Armed Forces
Tribunal, Principal Bench at Delhi against rejection of the eligibility
certificate. The Tribunal vide order dated 30-04-2013 has allowed the
4 WP-4151.13
Original Application filed by the petitioner upholding disability and also
further observed that the petitioner is entitled for benefit of disability
pension upto 50%.
9. Considering aforesaid aspect of the matter, the premise on
which impugned order dated 30-04-2013 is issued does not survive.
10. In light of the above, impugned order dated 30-04-2013 issued
by respondent No. 1 is quashed and set aside.
11.
Writ petition stands allowed. Rule is made absolute accordingly.
No order as to costs.
Sd/- Sd/-
[ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.]
MTK
