Roop Lal Sharia vs Union of India (UOI) and Others

Rajiv Sahai Endlaw, J.—The petitioner had filed this writ petition seeking mandamus against the respondents directing them to pay to the petitioner his salary with interest on arrears, pension and other employment benefits and also seeking compensation for the loss suffered by him. The writ petition was disposed of vide order dated 24th July, 2000 with the direction for allotment of a petrol pump or a gas agency to the petitioner to enable the petitioner to earn his livelihood.

However, thereafter the petitioner filed CM. No. 3641/2004 for restoration of the writ petition to its original number. The said application was allowed on 26th March, 2004 and the writ petition restored to its original position and pleadings directed to be completed. It is noted in the order dated 17th August, 2005 that a sum of Rs. 7.5 lacs has been paid by the respondent UOI to the petitioner.

Ultimately a petrol pump at Gurdaspur (Punjab) was allotted to the petitioner by Indian Oil Corporation (IOC) on compassionate ground. On 11th July, 2008 IOC was also directed to supply petrol products to the petitioner on credit basis of 30 days. However, it appears that the petrol pump could not be run/operated by the petitioner since the petitioner was unable to pay for the supplies made. A sum of Rs. 6,20,541/- is stated to be due from the petitioner to the respondent IOC.

The matter was being adjourned from time to time to consider the various possibilities. On 28th April, 2010 it was noted that the officials of IOC had informed that the petrol pump allotted to the petitioner was capable of earning net profit of Rs. 28,450/- per month. On the request of the petitioner the Divisional Manager, Amritsar of the IOC was directed to meet the petitioner and guide the petitioner about profitably running/operating the aforesaid petrol pump.

Mr. Sanjay Jain, Sr. Advocate (Amicus Curiae) has today informed that the petitioner has met the officials of IOC who have guided him about the ways to profitably run the petrol pump. He on instruction from the petitioner states that the petitioner would give up all his other reliefs/claims provided -

a. IOC is directed to commence supplies again to the petrol pump aforesaid allotted to the petitioner.

b. the interest due on the arrears own to IOC is waived.

c. the petitioner is permitted to pay the arrears of Rs. 6,20,541/- in instalments.

The counsel for the respondent IOC has contended that since the petrol pump is lying closed for the last over three years, as per the rules/guidelines the same can be re-activated only with the consent of the Central Government. He further explains that as per the rules, the supplies to the petrol pump are to be made against advance payment. He also expressed inability to waive the interest, now stated to be in the sum of Rs. 2,22,406/-.

The ASG has contended that upon the petitioner making a representation to IOC for re-activation of the petrol pump and upon IOC forwarding the same to the Central Government, the Central government shall consider the same sympathetically. He further contends that the matter of waiver of interest is upto the IOC and the Central Government is not involved in the same.

Mr. Sanjay Jain, Sr. Advocate, Amicus Curiae has rejoined by contending that the petitioner has already suffered a lot in the service of the country as per the prima facie view expressed by this Court in various orders. He further contends that considerable time has already elapsed and if the petitioner is now directed to first make a representation to IOC and IOC/Central Government are directed to consider the same, it will lead to waste of time. He states that the petitioner now has made arrangements for operating the petrol pump and is willing to pay for the supplies of IOC in advance as per rules but is unable to immediately pay the arrears of Rs. 6,20,541/- or any interest thereon. He contends that if further time lapses, the petitioner may not be then in a position to commence operation of the petrol pump.

The facts of the present case are peculiar. The petitioner was admittedly working in the CID Department as a Government spy. However, the petitioner resigned and was released. Thereafter, the petitioner was caught by the Pakistani Authorities who claimed that he was spying for India and he remained in jail in Pakistan for about twenty six years. The petitioner claims that his resignation/discharge was a make believe and he continued to be in the service of the Indian Government. The respondent UOI controverts the same. Be that as it may, the courts in this writ petition vide orders from time to time secured the allotment of the petrol pump aforesaid to the petitioner and under order of this Court a sum of Rs. 7.5 lacs also stands paid to the petitioner.

In the aforesaid circumstances, it is not deemed expedient to direct the petitioner to make representation to IOC for reactivation of the petrol pump. Admittedly on failure of the petitioner to pay the dues of IOC, the petrol pump has been lying closed for the last over 2-3 years. IOC has till date not allotted the same to any other person. As per submission recorded above, rule exists for reactivation but with the consent of the Central Government. This Court is satisfied that the petitioner could not earlier operate the pump allotted to him on compassionate ground for reasons beyond his control. As such it is directed:

A. The Union of India/respondent IOC are directed to within four weeks of today reactivate the petrol pump earlier allotted to the petitioner on compassionate ground and to commence supplies to the said petrol pump. The non-payment by the petitioner of the sum of Rs. 6,20,541/- stated to be due shall not come in the way of the commencement of supplies. However, the petitioner shall make advance payment for future supplies and comply with all rules therefore.

B. This Court for the reasons aforesaid waives the interest due from the petitioner on the aforesaid sum of Rs. 6,20,541/-.

C. This Court also permits the petitioner to pay the aforesaid sum of Rs. 6,20,541/- to the respondent IOC in instalments of Rs. 25,000/- payable alongwith the payments made by the petitioner to the respondent IOC for all future supplies, till the entire amount of Rs. 6,20,541/- is paid.

D. It is also clarified that upon default if any of the petitioner in paying the sum of Rs. 6,20,541/- in the manner aforesaid, the petitioner shall not be entitled to any further indulgence from this Court.

E. The aforesaid is in full and final satisfaction of all claims of the petitioner against the respondent UOI on the averments contained in the petition. During the pendency of the petition the senior counsel (Amicus Curiae) for the petitioner had also urged for payment of other amounts towards arrears of emoluments etc to the petitioner. The senior counsel (Amicus Curiae) now gives up the said claim.

F. It is further clarified that future disputes, if any, arising between the petitioner and the respondent IOC shall be resolved in accordance with the rules and regulations.

While disposing of the writ petition as aforesaid, this Court also expresses its gratitude to Mr. Sanjay Jain, Sr. Advocate (Amicus Curiae) and Mr. Arjun Mitra, Adv. (Amicus Curiae) who, on request of this Court, took up cudgels on behalf of the petitioner and rendered valuable assistance to this Court in disposing of the writ petition.