BHAT ( 1 ) UNDOUBTEDLY the petitioner fought two wars, being an army personnel in Indian Army. He was wounded twice quite seriously. Even the affidavit filed on behalf of the respondent states that "it is very rare that an officer suffers injury twice in active operation as it happened in the petitioner s, case in 1965 and 1971. " ( 2 ) IN view of the injuries the Medical Board held that the petitioner is permanently unfit for any form of military service. It is in these circumstances that the petitioner approached this court seeking proper rehabilitation, before the petitioner is invalidated out of service on medical grounds. Petitioner relied upon certain circulars which are beneficial to the petitioner s case. It is also undisputed that in the normal course the petitioner would retire on 30. 4. 1994 and further that if the petitioner had been medically fit he was eligible for promotion and he would have continued in service for another 4 years after 30. 4. 1994. Since the retirement date is fast approaching the petitioner has come up with the present application for staying the operation of the Impugned order (Annexure a ) and with the consent of the counsel for the parties I have taken up this writ petition for final disposal. ( 3 ) THE facts as stated speak for themselves. The petitioner seeks proper rehabilitation. Several attempts were made by the respondents also to find an alternative job for the petitioner. But it is clear that no private agency is willing to take the petitioner in employment having regard to the handicap due to the injury sustained by the petitioner. In these circumstances the petitioner also sought alternatively allocation of some agency such as "gas Agency" or "petrol Pump". A reading of the respondent s affidavit also revealed that the respondents are sympathetic towards the case of the petitioner but they pleaded inability to provide a suitable employment to the petitioner. ( 4 ) IT is impossible for this court to accept the assertion of the respondent that the respondents are not in a position to provide a proper employment to the petitioner such as providing a gas agency for distribution of LPG cylinders or running of petrol pump. ( 5 ) THE Union of India is controlling the various oil agencies/gas agencies. Union of India is a party to the writ petition.
( 5 ) THE Union of India is controlling the various oil agencies/gas agencies. Union of India is a party to the writ petition. No doubt the Union of India may have several ministries but ultimately every official action taken by the ministries are on behalf of the Union of India and therefore it cannot be said that the concerned department of the Union of India has not been specifically impleaded in the writ petition. ( 6 ) ON 23. 7. 1993 a Division Bench of this court made an order in this writ petition as follows:- "counsel for the respondent states that applications have been invited and the matter is with the Oil Selection Board for awarding distributorship regarding LPG. Oil Selection Board should take decision in the matter within six weeks from today, failing which, Court will have no option but to order the grant of distributorship to the petitioner at Lucknow/dehradun. To be listed for arguments on 8th September, 1993. Dasti copy of this order be given to the counsel for the respondent for compliance. " ( 7 ) INSPITE of the above said order no agency was granted to the petitioner. On 6. 9. 1993 the petitioner was informed by the Government of India, Ministry of Petroleum and Natural Gas that the agency cannot be granted to the petitioner for distributorship of LPG because the petitioner was over-aged and his income exceeded the prescribed limit of Rs. 50,000. 00 per annum and that he had not submitted the DGR certificate duty classified for eligibility criteria. ( 8 ) THE learned counsel for the petitioner points out that the certificate referred above has actually been furnished alongwith the application. ( 9 ) THE other two eligibility requirements cannot be made applicable to the petitioner because of the peculiar circumstances of the petitioner s case. The order made by the Division Bench actually binds the respondents and in fact it also binds me while disposing of the writ petition. The necessary consequence of the aforesaid order is that if a proper decision is not taken to grant the distributorship to the petitioner, this court shall have to order the grant of distributorship to the petitioner at Lucknow/ Dehradun. It is stated that no vacancy exists in those two places now.
The necessary consequence of the aforesaid order is that if a proper decision is not taken to grant the distributorship to the petitioner, this court shall have to order the grant of distributorship to the petitioner at Lucknow/ Dehradun. It is stated that no vacancy exists in those two places now. ( 10 ) THE learned counsel for the petitioner submitted that the petitioner is now settled in Delhi and in fact there is an advertisement for the Indane Distributorship at New Friends Colony/sukhdev Vihar, New Delhi. The advertisement is dated 27. 3. 1994. Since the respondents have failed to provide a proper alternative employment to the petitioner or an agency as stated above and having regard to the peculiar circumstances of the case I think it will be most appropriate for this court to direct the respondents to provide the aforesaid advertised gas agency to the petitioner subject to the petitioner filing an application. However, the Union of India shall not insist on any eligibility criteria to disable the petitioner from getting the agency in question. The petitioner also shall fulfil any other requirements such as making the deposit etc. The petitioner shall make appropriate application alongwith a copy of this order within 2 weeks from today. If there is any delay to obtain the copy of the order of this court, the petitioner is at liberty to make a formal application and refer to the order made by this court today and submit a copy of the order later on to the concerned authorities. The writ petition is disposed of accordingly. ( 11 ) A copy of the order be delivered dasti to the counsel for the parties.