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2014 DIGILAW 1997 (ALL)

National Institute of Technology & Finance (N. I. T. F. ) v. State of U. P.

2014-07-09

D.Y.CHANDRACHUD, DILIP GUPTA

body2014
JUDGMENT Hon'ble Dilip Gupta, J. According to the petitioners, an agreement was entered into between petitioner no.2, who is the proprietor of petitioner no.1, and the District Probation Officer, Gautam Budh Nagar on 17 July 2013 under which the petitioners were appointed as service providers for certain services under the Integrated Child Development Scheme (ICDS). According to the petitioners, in pursuance of the agreement, they deputed some of their employees and received partial payment. However, after the transfer of the District Probation Officer, the officer who was given the additional charge, has obstructed the performance of the work for extraneous reasons. The petitioners are aggrieved because fresh tenders have been invited on 3 June 2014. Clause 25 of the Document (Annexure-8) upon which the petitioners have placed reliance as constituting an agreement, provides that the agreement was to be for a period of three years. Under clause 26, the agreement was capable of being terminated with notice of two months from either side. Clause 28 provides that if any dispute arises in connection with the implementation of the agreement, the District Collector would be moved whose decision would be considered as final by both the sides. The grievance of the petitioners is that tenders have been invited without notice of termination and the alleged agreement with the petitioners continues to hold the field. At this stage, learned counsel states that in terms of clause 28, the petitioners would rest content if the representation which has been submitted to the District Collector on 27 January 2014 (Annexure - 15) is directed to be considered and decided. 2. We find the request fair particularly having regard to clause 28 of the Document on which the petitioners have placed reliance. Hence, in terms of the request made before the Court, we direct the second respondent, namely the District Collector, Gautam Budh Nagar to deal with the grievance of the petitioners as contained in the representation (Annexure 15) and to pass a reasoned order within a period of one month of the receipt of a certified copy of this order. The petitioners would be at liberty, within a period of one week from today, to file an additional comprehensive representation, if they so desire. 3. We clarify that we have not entered any finding of fact including on the question as to whether there was a validly executed agreement between the parties. The petitioners would be at liberty, within a period of one week from today, to file an additional comprehensive representation, if they so desire. 3. We clarify that we have not entered any finding of fact including on the question as to whether there was a validly executed agreement between the parties. We leave all the issues to be decided by the second respondent including in regard to the allegation which has been made by the petitioners as regards the conduct of the third respondent. The petition is, accordingly, disposed of. There shall be no order as to costs.