Baldev Singh v. Himachal Pradesh Ex-servicemen Corporation
2011-01-06
DEEPAK GUPTA, SURINDER SINGH
body2011
DigiLaw.ai
JUDGMENT Deepak Gupta, J. By means of this petition, the petitioner has prayed that the respondents No.1 to 4 may be directed to attach his truck with the Himachal Pradesh Ex-Servicemen Corporation in pursuance of the orders Annexure P-8 dated 4.1.2008 and Annexure P-9 dated 12.3.2008 and has also prayed that action be taken against the respondent No.2 for the delay in attaching his new truck in place of his stolen truck. Lastly, it is prayed that the respondent-Corporation be directed to pay Rs.36,000/- per month alongwith interest on account of non-attachment of his vehicle. The main grievance of the petitioner is that his Truck No. HP-24A-1665 was stolen on 11th April, 2005. This truck was attached with the respondent No.1. Himachal Pradesh Ex-Servicemen Corporation, Camp Office Barmana, District Bilaspur. It is not disputed that this Corporation is engaged in the business of transport of cement belonging to ACC Limited Barmana, District Bilaspur. The claim of the petitioner is that since his truck was stolen, he was entitled to get another truck attached with the respondent No.1-Corporation in place of the stolen truck. According to the petitioner permission was granted to him to purchase a new vehicle in place of the stolen truck and thereafter this new truck of the petitioner should be attached with the Corporation for transportation of cement of ACC Barmana. However, instead of attaching his new truck, the Corporation has ordered delisting of the same. The stand of the respondents is that in the year, 2002, keeping in view the larger interest of the ex-servicemen, it was decided by the respondent-Corporation that only one truck of each ex-serviceman would be attached with the Corporation. This resolution was reiterated in 2005. The endeavour was that largest number of ex-servicemen can get the benefit of attachment of their trucks with the respondent No.1-Corporation. The petitioner in rejoinder filed a list of 9 persons who have been permitted to attach more than one truck after the aforesaid resolutions were passed. We found that out of the 9 persons named, 4 were the Ex-District Presidents of the H.P. Ex-Servicemen Welfare Committee. The respondents filed sur-rejoinder and admitted that these persons were permitted to get more than one truck attached after the resolutions were passed. An averment in this regard was also made in the surrejoinder which was duly supported by an affidavit. We were not satisfied with this bare statement.
The respondents filed sur-rejoinder and admitted that these persons were permitted to get more than one truck attached after the resolutions were passed. An averment in this regard was also made in the surrejoinder which was duly supported by an affidavit. We were not satisfied with this bare statement. Therefore, vide order dated 7.8.2009 we directed the Chairman-cum-Managing Director of respondent No.1 to file a fresh affidavit in which he was directed to clearly and truthfully supply the following information:- “i) The details of all the members of the Corporation who have been permitted to attach more than one tuck with the Corporation after the resolution was passed in the year, 2002. ii) Whether any truck of any member other than the petitioner has been de-listed on account of the fact that not more than one truck can be attached with the Corporation.” We make it clear that the respondent No.1-Corporation has been constituted under an Act of the State for the welfare of the entire Class of ex-servicemen but it appears from the material on record that benefit is being given to some members who have political clout. Only office bearers of the ex-servicemen Society have been permitted to attach more than one truck. Pursuant to our order dated August 7, 2009, the Chairman-cum-Managing Director of the Himachal Pradesh Ex-Servicemen Corporation filed an affidavit. Alongwith the affidavit, complete list of those Members who had been permitted to attach more than one truck even after the resolutions dated 17.01.2002 and 06.01.2005 were passed was attached. This list supplied by the respondents contained 185 names. Mr. Chandel, learned counsel for the petitioner disputed this list and stated that some names were still missing. He was permitted to file counter affidavit. We found that when the petitioner claimed a right to have his second truck attached with the Himachal Pradesh Ex-Servicemen Corporation reply was filed by Shri M.C. Parmar, Chairman-cum-Managing Director, the Himachal Pradesh Ex-Servicemen Corporation, in which he had stated on oath that in view of the decision of the Board of Directors vide resolutions dated 17.01.2002 and 06.01.2005, wherein, it was decided as a matter of policy that in all cases of those ExServicemen having more than one truck if one of the trucks is sold or become unfit then no new truck of such of such ex-servicemen truck operator will be attached.
This Court was made to believe that the aforesaid decisions were being followed in letter and spirit and therefore, the petitioner could not be allowed to have his second truck attached with the Corporation. The petitioner in rejoinder gave names of certain persons who had been permitted to attach more than one truck. Then, we passed a detailed order on 7th August, 2009 directing the respondents to file complete details. Even as per the respondents, more than 185 ex-servicemen were permitted to attach more than one truck and we found that in some cases as many as four trucks were attached after the resolutions were passed. Thereafter, notice was issued to Sh.M.C.Parmar and he filed his reply to the show cause notice and we heard arguments in the matter. From the facts stated above, we find that respondent No.1-Corporation has been following a very erratic procedure while attaching the trucks. The Himachal Pradesh Ex-servicemen Corporation virtually has the monopoly of transporting cement from the A.C.C factory at Barmana in Bilaspur. In certain cases, as per the Policy, only one truck is being attached with the Corporation while in the cases of other persons as many as 4 to 5 trucks have been attached. Though in the affidavit of the Corporation, it is mentioned that there are 185 persons having more than one truck attached with the Corporation but in the counter-affidavit filed on behalf of the petitioner, it is mentioned that there are other persons such as Ex-Sipahi Roop Singh whose name is not in the list but has more than two trucks attached. The Corporation has been formed by the State Government for the welfare of the ex-servicemen. The purpose is to provide some means of livelihood to the ex-servicemen after their retirement from the Armed Forces at a young age. There is a massive scope for doing good work by the Corporation. But if the Corporation continues to act in the manner in which it has been acting till now, i.e., in a totally arbitrary and capricious manner, the entire purpose of setting up the Corporation will be set at naught. In such eventuality, we are of the considered opinion that it would be better to wind up the Corporation itself.
But if the Corporation continues to act in the manner in which it has been acting till now, i.e., in a totally arbitrary and capricious manner, the entire purpose of setting up the Corporation will be set at naught. In such eventuality, we are of the considered opinion that it would be better to wind up the Corporation itself. From the material placed on record, it is apparent that it is the office bearers of the Corporation who are deriving the maximum benefit of having more than one truck attached. When these District Presidents or other office bearers apply for attachment of trucks then the Corporation does not raise the objections that under the resolutions of 2002 and 2005, not more than one truck of an individual can be attached. Even as per the Corporation, there are 192 persons who were permitted to attach more than one truck after the resolution was passed in the year 2002. It is, therefore, apparent that no sanctity is attached by the Corporation to its own resolutions. However, we do not want to turn the clock back since people who have already made investments and spent huge money on purchase of trucks should not be put at loss all of a sudden. To put an end to the entire dispute, we want to issue certain directions which must be obeyed in letter and spirit. While issuing these directions, we are taking into consideration the fact that the Himachal Pradesh Ex-servicemen Corporation has been constituted for the benefit of the ex-servicemen. The interest of the ex-servicemen will be served if each ex-serviceman is allowed to attach only on truck with the Corporation. This way, the maximum number of ex-serviceman can be accommodated. This does not in any way debar an ex-serviceman from purchasing or plying the second truck but he cannot get it attached with the Corporation but can ply it in his individual capacity. If the maximum number of ex-servicemen are to be helped and assisted in getting livelihood after retirement, it would be in the interest of justice, if each ex-serviceman is permitted to attach only one truck with the Corporation. We would like to make it clear that the right of the ex-serviceman to get his truck attached can be inherited only by his widow and not by his children unless there are minor children.
We would like to make it clear that the right of the ex-serviceman to get his truck attached can be inherited only by his widow and not by his children unless there are minor children. We would also like to make it clear that in case an ex-serviceman is re-employed in a Government/public sector undertaking, he shall loose his right to have his truck attached with the Corporation. We had asked the parties to submit the suggestions and after carefully going through the same, we hereby direct the State as well as the Himachal Pradesh Ex-Servicemen Corporation to ensure that the bye-laws, rules and regulations of the Corporation are amended in line with the following directions:- 1. In future only one truck of an ex-serviceman shall be attached with the Corporation. 2. As far as the attachments already made are concerned, if there are more than two trucks of any ex-serviceman attached with the Corporation after 1.4.2011 only two trucks will be attached and the remaining trucks shall not be attached. 3. The Corporation shall ensure that on and w.e.f. 1.4.2012, only one truck of each ex-serviceman shall be attached. Thus, an ex-serviceman will have a period of one year to either dispose of the excess trucks or to make alternate arrangement for their plying. 4. The Corporation shall invite applications from all ex-servicemen of Himachal Pradesh by publishing advertisements in two English and two Hindi newspapers having wide circulation in the State. The advertisements be published on or before 31.1.2011 and last date for receipt of applications shall be 28.2.2011. 5. The ex-servicemen who are desirous of plying and attaching their truck with the Corporation shall file their applications latest by 28.2.2011. 6. The Corporation shall draw up a list of candidates and seniority shall be given in order of retirement, i.e., a person who has retired earlier shall be placed senior in the seniority. If two candidates have retired on the same date then the candidate who has put in longer service in the Armed Forces shall rank higher in seniority. Henceforth all attachments shall be made strictly in accordance with the seniority list, so maintained. This list be drawn up latest by 25.3.2011. The list shall be displayed on the Notice Board of the respondent No.1-Corporation and shall be open for inspection to all ex-servicemen.
Henceforth all attachments shall be made strictly in accordance with the seniority list, so maintained. This list be drawn up latest by 25.3.2011. The list shall be displayed on the Notice Board of the respondent No.1-Corporation and shall be open for inspection to all ex-servicemen. The ex-servicemen can file their objections with the Corporation to the said list. 7. For the future every year, the respondent-Corporation shall invite applications from ex-servicemen for including their names in the list by issuing advertisement as aforesaid. These advertisements shall be published by 31st December of each year and applications shall be invited latest by 31st of January and the list shall be prepared by 28th of February of the subsequent years. These lists shall be applicable from 1st April of the subsequent years. 8. The vacant positions for the trucks which are detached only after 1.4.2011 will be offered to the ex-servicemen who are next in the waiting list. 9. In case an ex-serviceman dies, his widow shall be entitled to inherit the right to have a truck attached till her life time. 10. In case there is no widow or the widow voluntarily gives up her right, the attachment can be transferred to one son/daughter of the ex serviceman but in such eventuality, the right to ply the truck shall only be for a period of 5 years. After the death of the widow or on expiry of 5 years, the attachment shall cease to exist and the slot shall be given on the basis of seniority. 11. No transfer of any attachment with the Corporation shall be permitted. Any ex-serviceman who does not want to ply the truck will have to surrender the attachment to the Corporation who shall offer it to the next person in the seniority list. 12. In case the ex-serviceman is reemployed, his truck will not be attached and if his truck has been already attached and the ex-serviceman re-employed in Government service/public sector undertakings, Banks etc. then he shall have to surrender his right to get the truck attached and the vacant slot shall be given to the ex-servicemen next in the waiting list. 13. In case a truck of an ex-serviceman is stolen or meets with an accident then the ex-serviceman shall have a right to replace his stolen/ unserviceable truck and get it attached with the Corporation.
13. In case a truck of an ex-serviceman is stolen or meets with an accident then the ex-serviceman shall have a right to replace his stolen/ unserviceable truck and get it attached with the Corporation. However, only one truck shall be attached at one time. 14. That when a truck of any ex-serviceman is attached with the Corporation, the Corporation shall give a distinctive year-wise number to every attached truck and on the body of the truck, the ex-serviceman shall ensure that the following information is depicted:- “This truck No.______ is attached with the H.P Ex-Servicemen Corporation vide attachment No._______ of the year _______.” 15. That if there are more than one Society for different cement plants, the ex-serviceman shall have a right to attach one truck with only one Society and it shall not be open for an ex-serviceman to become a member of more than one Society and thereby attach more than one truck. A copy of this order be sent to the Chief Secretary to the State of Himachal Pradesh as well as the Chairman of the respondent No.1-Corporation to ensure that the rules/byelaws of the Corporation are amended so that they comply with the directions given aforesaid latest by 28.2.2011. Copies of this judgment be also sent to GOC-in-C, Army Training Command, Shimla and the Corps Commander Yol Camp, Dharamshala and the Director, Sainik Welfare Board, Hamirpur so that they can inform all the ex-servicemen about this judgment. In view of the aforesaid directions that we have given, we feel that no further action is required to be taken against Sh.M.C.Parmar and the matter is closed qua him. Further in view of the directions given above, the petitioner is not entitled to attach his second truck and is, therefore, not entitled to any relief. The petition is disposed of in the aforesaid terms. No order as to costs.