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2001 DIGILAW 121 (ORI)

Bidyadhar Sahoo v. State of Orissa

2001-03-22

L.MOHAPATRA

body2001
JUDGMENT L. MOHAPATRA, J. — The petitioners in the aforesaid writ appli¬cations have challenged the advertisement issued by the Orissa State Road Transport Corporation (‘the Corporation’ for short) published in the Oriya daily newspaper “Sambada” dated 4.10.2000 inviting applications for appointment of Ticketing Agents. 2. The case of the petitioners is that they had been ap¬pointed as Ticketing Agents by the OSRTC under a Scheme and the provisions of the Scheme prescribed continuance of such agency, whereas a decision has been taken by the Corporation to invite applications by way of tender in the aforesaid advertisement violating the provisions of the Scheme. Their further case is that since they have already worked under the Corporation under the Scheme for some time and earned their livelihood, inviting tenders under the advertisement will seriously affect their earning as they are not in a position to compete with others who are financially sound and they shall be rendered jobless. 3. A counter has been filed by the Corporation in OJC No. 10289 of 2000 which has been adopted in all other writ applica¬tions. In the said counter it is stated that the Scheme was formulated by an administrative decision and not by any statutory law or rule and therefore, the administrative authority of the Corporation had the power to change, modify, substitute or re¬scind the Scheme at any point of time. It is further stated that the new rate of commission and conditions imposed shall bring in more revenue to the Corporation and therefore, taking into con¬sideration the miserable financial condition of the Corporation such a decision was taken. 4. Learned counsel appearing for the petitioners in all the writ applications referring to the Scheme submitted that the entire purpose of formulating the Scheme was to engage about 1400 young men and women who can every day earn more than what any Government and private job can offer. The Scheme was prepared not only for giving employment to 1400 young men and women but also to increase the income of the Corporation by selling tickets thorough agents. It was further submitted that if the Corporation wanted some modification in the Commission rates, an offer could have been made to the petition¬ers and had they refused to accept the same, they could be re¬placed by other agents. There was no reason to advertise inviting applications for such appointment with a condition for depositing Rs. It was further submitted that if the Corporation wanted some modification in the Commission rates, an offer could have been made to the petition¬ers and had they refused to accept the same, they could be re¬placed by other agents. There was no reason to advertise inviting applications for such appointment with a condition for depositing Rs. 25,000/- as security deposit. The condition for deposit Rs. 25,000/- towards security deposit has been purposefully made to keep the petitioners out of competition and it is only those who have the financial capacity can apply for being registered as Ticketing Agents. 5. Shri Ashok Mohanty, learned counsel appearing for the Corporation submitted that the decision taken by the Corporation to call for applications for appointment of Ticketing Agents with modified terms and conditions is within the scope of the Scheme and for the purpose of bringing in more income for the Corpora¬tion. The amount to be deposited towards security deposit is required for the purpose of adjustment, in the event a particular Ticketing Agent fails to deposit the amount collected by way of selling tickets. He further submitted that under the modified terms and conditions sale of certain percentage of tickets is to be guaranteed which would bring in much more income to the Corpo¬ration than what the Corporation is earning through present Ticketing Agents. 6. It appears that the Corporation has framed a Scheme called “Scheme Guidelines for Registration and Engagement of Travel Agents/Ticketing Agents” for the OSRTC. Clause 2 of the said Scheme prescribes that the Corporation intends to register Ticketing Agents for each bus route through registration of existing Travel Agents as such and also new Ticketing Agents. The minimum period of assignment is one year from the date of engage¬ment, unless terminated for reasons of non-performance, which may be extended from year to year on satisfactory performance. Rely¬ing on the said clause the learned counsel for petitioners sub¬mitted that since no allegation has been made with regard to performance of Ticketing Agents there was no reason to invite applications for fresh appointment instead of extending the term of the present Ticketing Agents, such as the petitioners. On the other hand Shri Mohanty submitted that agreement is for a period of one year and on expiry of the said period, the agency automat¬ically stands terminated unless extended. The petitioners have no right to demand for extension. On the other hand Shri Mohanty submitted that agreement is for a period of one year and on expiry of the said period, the agency automat¬ically stands terminated unless extended. The petitioners have no right to demand for extension. Law is well settled that in case of a contract service, the service comes to an end on expiry of the contract period. Therefore, the petitioners have no right to ask for extension and they can only ask for consideration of their cases for extension. From Clause 7 also it appears that engagement of Ticketing Agents will be done on the basis of early application, fulfilment of eligibility conditions and prompt deposit of security. Referring to the said clause Shri Mohanty submitted that the petitioners have not yet deposited the full amount of security. Under Clause 17 of the Scheme whosoever is granted with the agency on registering himself/herself with the Corporation shall be required to execute an agreement in Form No. II. Clause 4 of From No. II prescribes that the agent shall abide by the modification which may be incorporated in the Scheme Guidelines by the OSRTC in the interest of the implementation of the Scheme. The entire Scheme is not only for engagement of some young men and women but also for getting income for the Corpora¬tion. Therefore, any modification in the Scheme with regard to rate of commission etc. is only in the interest of the Corpora¬tion and the Ticketing Agents yet can earn under the Scheme. I, therefore, do not find any illegality in changing the terms and conditions so far as they relate to commission as well as guaran¬tee towards sale of tickets. In course of argument, learned counsel appearing for petitioners also agreed that the petition¬ers are willing to abide by the modified conditions relating to commission and guarantee for minimum sale of tickets. However, they submitted that so far as deposit Rs. 25,000/- is concerned, they shall not be in a position to deposit the said amount and shall be kept out of competition. In view of such submission made, I dispose of these writ application with the following directions : The petitioners shall clear the outstanding dues, if any, within a period of one month. They shall also deposit the securi¬ty deposit in three monthly instalments in the following manner : By the end of March, 2001 they will deposit Rs. In view of such submission made, I dispose of these writ application with the following directions : The petitioners shall clear the outstanding dues, if any, within a period of one month. They shall also deposit the securi¬ty deposit in three monthly instalments in the following manner : By the end of March, 2001 they will deposit Rs. 8,000/-, by end of April, 2001 they will deposit Rs. 8,000/- and by the end of May, 2001 they will deposit the balance Rs. 9,000/-. The Corporation shall consider the case of those petitioners who will not only clear the dues but also deposit Rs. 8,000/- (rupees eight thousand) by the end of March, 2001 for appointment of Ticketing Agent. In the event these petitioners or any one of them are/is appointed as Ticketing Agent on deposit of such amount, they/he shall be allowed to continue as such as so long as they/he do not/does not fail to deposit monthly instalment as fixed above, and fail to comply with provisions of the Scheme/modified Scheme. 7. The writ applications are disposed of with the aforesaid observations and directions. Applications disposed of with observation.