JUDGMENT : 1. In this Service Writ Petition which has been filed in the year 2011, following reliefs have been sought: (i) Writ of mandamus commanding the respondents to implement the recommendation of the High level committees made vide Government Order NO. CAPD-80/Food/2006 dated 27.09.2006 and Government Order No. 52 CAPD of 2010 dated 09.08.2010 and accordingly allow the dryage and shortage of the foods grains and other commodities in favour of the petitioners to the extent of 3% for Atta, Rice, Wheat and Sugar and 6% to the extent of K. Oil or as will be scientifically proven. (ii) Writ of Certiorari for quashing the order NO. CA&PD/Allowing/D-W/2009-2010/179-84 dated 31.03.2010 and consequential recovery notices issues or recovery initiated against the petitioners association i.e. Store keepers of Ladakh region, for recovery of amount of shortfalls on account of dryage and wastage attributed to them by the respondent department. (iii) Writ of mandamus commanding the respondents to grant allowance 3% on account of wastage and dryage of food grains and 6% of K. Oil to the storekeeprs of Leh and Kargil regions including the petitioners and not to effect, any recovery on account of the shortfalls in the stores occasioned due to wastage and dryage in Ladakh region prospectively. 2. For appreciating the merits of the case, it would be quite fruitful to have glance of the facts of the case (as are set forth in petition): (i) That the petitioners are working as storekeepers in the department of CA&PD and in that capacity they have remained in charge of supply of stores supplied by the department in the shape of Rice, atta, sugar, wheat and kerosene oil etc for distribution in the Ladakh Division which is known as Cold Desert. (ii) That the food items are transported to Ladakh region from Kashmir in a fixed time span and the transportation of commodities to the stores from Srinagar to Ladakh is mostly through trucks taking several days to reach to Leh and Kargil and from thereon is transported on mules or is carried as head load to reach to the interior destinations as such a huge loss suffers which cannot be controlled by the petitioners association as storekeepers and at the end of the day they are being told to pay the damages or loss caused during transportation. (iii) That again the entire Ladakh region is under developed and facilities provided by the Government for storing food grains and other items for distribution of consumers are unsuitable and insufficient for storage as the stores mostly are provided in the rented accommodation from private persons without any scientific storage facility and subject to the rodent loss as the food grains are stored in the stores for 06 to 08 months before further distribution which is again beyond the control of storekeepers. (iv) That besides the same the Ladakh region is having low humidity and dry climate and there is definitely a los of moisture due to low humidity and dry climate when the food grains are shifted to Leh/Kargil from other regions which is also admitted by the department in their recommendations. (v) That the grievance of the petitioners’ association is that the storekeepers of the respondent department suffer a normal dryage and wastage on food grains and kerosene oil in Leh and Kargil regions to the extent of 3% and 6% respectively for which they have repeatedly made representation filed writ petitions but each time the government have constituted committees to assess the loss and the Hon’ble court has taken the view to let the matter be decided by the government of their own and has left the petitioners at the mercy of the department, however the same is under challenge also in Letters patent Appeal but for the constitution of committees and recommendation by them have given fresh cause to petitioners’ association to seek its implementation. (vi) That the petitioners are also relaying on Article 18.18 (1) of the book of financial powers providing power to write off value of stores lost by negligence of individuals or other causes provided the loss does not disclose. And also the power having been delegated to major head under Article 18.19 to write off losses up to Rs. 50,000/- subject to limit of 5 lacs. And also the power having been delegated to major head under Article 18.19 to write off losses up to Rs. 50,000/- subject to limit of 5 lacs. (vii) That the matter was examined at the highest level in the state administration and a high level committee was constituted for the purpose of deciding the case of the shortage due to dryage and wastage in public distribution system in food grains and kerosene oil etc where in the recommendations were made by the committee for prescribing the norms of wastage/dryage as prescribed by the book of financial powers/financial code and to be taken in cabinet and to be followed in the said meeting the case of the dryage as projected as above has been formally accepted by the committee but the decision has been postponed to a future date for further deliberation upon the actual allowance of shortage to be granted to the storekeepers. (viii) That the matter was again kept pending and the petitioners were subjected to harassment by issuance of the notice to the extent of shortfall due to dryage and wastage and the inspectors of the department were directed vide order No. CAPD/ Allowing/D-W/2009-2010/179-84 dated 31.03.2010 not to allow any dryage and wastage and thereafter the recovery is initiated against the storekeepers. (ix) That the petitioners who are suffering due to in action of the department and non consideration of the recommendations again approached to the state administration and a high level committees was constituted for the purpose of deciding the case of the shortage due to dryage and wastage in public distribution system in food grains and kerosene oil etc where in the recommendations of various committees made earlier as deliberated upon and finally the recommendations were made by the committee for prescribing the norms of wastage/dryage and recommended to the administrative department the dryage and wastage to the extent of 2% in case of rice, atta and K. Oil and 1% in case of sugar and again in the said meeting the case of dryage as projected above has been formally accepted by the committee but again the decision has been referred to administrative department. (x) That again the matter has been kept pending and the petitioners association is suffering as the loss is being assessed against them and than they are subjected to recovery inspite of the admission on part of the department and the administration that the loss due to dryage and wastage is due to them. (xi) That the petitioners association has repeatedly represented for acting upon the recommendations and accordingly waving off the loss and damages attributed to the storekeepers for none of thier faults but time and again the recommendations are kept pending and the recovery proceedings initiated against the storekeepers and then again fresh recommendations made and again kept pending adding agony to the suffering of the storekeepers. (xii) That the petitioners approached to the officials respondents projecting their grievances but the respondents have turned the deaf ear as such the petitioners are again forced to file the instant writ petition. 3. Respondents have filed the objections wherein it is stated that: (i) The petitioners have suppressed the material facts and projected their cause in wrong colors before this Court when the matter of fact is that the normal allocation of 13 months in District Leh under National Food Security Act and MMFES (Mufti Mohd Food Entitlement Scheme) is 131523.39 Qtls and for Kargil District it works out 129630.50 Qtls. Thus a total allocation for these two district is 261153.80 Qtls and 3% of same work out as 7438 Qtls approximately which means 87 truck loads of foodgrains i.e. Rice and wheat is being projected by the petituoners as claim of rebatge on account of drayage and wastage through Assistant Directors Leh and Kargil. The cost of said projected claim 7438 Qtls. @ Rs. 2500/- per Qtl. Works out Rs. 1,85,95,000 which is a direct loss to the state exchequer in one year when no such concession is being allowed lin the border areas of valley state which are also snow bound like Gurez, Tilal, Tangdar, Marwa, Warwan, Paddar, Machil, Mandi Balakote etc. Foodgrains are being provided by FCI to the department on monthly basis at respective district headquarter and same is not being stored by the department in its stores in anyh case for more than a month. Similar is the procedure adopted in Leh and Kargil Districts where ration is made available at district headquarter and other places like Pheing, Noema etc on monthly basis. Similar is the procedure adopted in Leh and Kargil Districts where ration is made available at district headquarter and other places like Pheing, Noema etc on monthly basis. (ii) The department has been authorized to distribute ration for 3 months/6 months in advance vide government order No. 123-CAPD of 2016 dated 26.07.2017 as such the storage of food grains in Godowns is curtailed for which no justification of any percentage on account of drayage/wastage can be entertained. . (iii) Moreover there is no valid order issued by Government or any institution or competent authority authorizing Assistant Directors Kargil/Leh to accept or account for the claims on account of drayage/wastage. Mere preparation of a report by a committee that too way back in 1992 (26 years before) cannot be relied upon to account for such claims. Besides, no such claim is preferred by any other district including the snow bound areas like Gurez, Machil, Tilal, Tangdar, Marwa, Warwan, Paddar, Machil, Mandi Balakote etc. 4. Learned counsel for the petitioner submitted that the petition can be disposed of in light of the stand taken by the respondents and respondents can be directed to consider the matter in light of what has been stated in the writ petition. His further submission is that he would like to press only the first relief on behalf of the petitioner. It is also his submission that a long pending grievance of the petitioner has remained unended. Copies of the minutes of meeting dated 27.09.2007 and 09.10.2009 clearly according to him lends support to the contention raised in terms of the petition. 5. On the other hand, learned Dy. AG submitted that none of the enforceable rights of the petitioner having been denied, the writ petition merits dismissal. It was for the government to consider in case if there was any recommendation made to it and a direction cannot be passed to compel the respondents to give concession in terms of the recommendation so made. 6. Considered the rival arguments. 7. It was for the government to consider in case if there was any recommendation made to it and a direction cannot be passed to compel the respondents to give concession in terms of the recommendation so made. 6. Considered the rival arguments. 7. One of the main pleas raised in terms of the petition by the petitioner is in essence for directing the respondents to frame a policy and to adhere to the same in allowing the dryage and storage of the food items and other commodities in view of the climatic condition which according to the petitioner is warranted in light of the exercise initiated already and which had to be finalized so. There is however no material on record where from it could be inferred that the petitioner had been discriminated on the account of the application of any policy decision which may have been adopted in some other districts or places similarly situated. The petitioners have not been able to spell out that they being clothed with any statutory right and the respondents being under an obligation to provide for a cushion in calculation of the food items stored at various places in District Leh. 8. It is however manifest that a meeting had been taken place under the Chairmanship of the Minister for Consumer Affairs and Public Distribution Department on 27.09.2007 in which deliberations decision had been taken as: “At the outset of the meeting Hon’ble Minister for CAPD gave a stock of situation and deliberated upon the present norms and dryage/wastage in vouge in Ladakh Region. He informed that the present norms have been worked out in the aftermath of decision of the Administrative council on 22.12.1993. The decision of the Administrative Council is as under: (i) Normal storage to be allowed on account of dryage/wastage of food grains in the food stores shall not be exceed 100 grams per quintal. (ii) No storage shall be allowed in transit. (iii) Shortage proposal to be allowed shall not be considered as a matter of right but allowed in each case on merits. (iv) Shortage reported from any centre on account of any negligence on part of the storekeepers shall not be covered by these norms. (v) For the month of July, August and September each year, no such shortage shall be allowed. (iv) Shortage reported from any centre on account of any negligence on part of the storekeepers shall not be covered by these norms. (v) For the month of July, August and September each year, no such shortage shall be allowed. The chief Secretary observed that there is definitely a loss of moisture due to low humidity and dry climate when the food grains are shifted to Leh/Kargil from other regions. He gave an example of shrinkage of kerosene oil procured from Army in Leh and gaining of moisture to the extent of 10% by pashmina when shifted from Leh to Srinagar. However, the Chief Secretary suggested that the present norms can continue if the FCI is issuing PDS grains after keeping them for a year in Leh/Ladakh. He also opined that a sample can be kept at Leh for checking los of moisture at that place. Hon’ble Minister for CAPB agreed that there is loss of moisture in Atta. Hon’ble Minister for Power stated that food grains are procured by CAPD Department from FCI and stored in different distant locations for a considerable period ranging from 6 to 8 months, which results in loss of moisture. Secretary CAPB stated that there are many cases of official of the department against whom shortages have been reported resulting in to non settlement of there pension claims. The shortages alleged to have been caused due to dryage/wastage of food grains. A total of about Rs. 16 crore of shortage have been reported in Ladakh Region which also needs to be settled. He further stated that t his issue needs to be separated from the norms of dryage/wastage to be followed in future. Later Hon’ble Minister for CAPD along with other members present in the meeting took following decisions 1. The Director, CAPD Kashmir will finalize the settlement of shortages against the officials of Ladakh region and will furnish a proposal regarding outstanding against these officials to administrative department in light of the existing provision in the books of Financial Powers/Financial Code and Government Order No. 7-FS of 2003 dated 27.1.2003 for its further submission in the shape of memorandum to the cabinet to review the decision No. 130 dated 22.12.2003 of administrative council. 2. The norms of dryage/wastage prescribed by the book of Financial Powers/Financial Code will be taken up in Cabinet to be followed prospectively also. 9. 2. The norms of dryage/wastage prescribed by the book of Financial Powers/Financial Code will be taken up in Cabinet to be followed prospectively also. 9. Thereafter another meeting was held under the Chairmanship of Director CA& PD on 09.10.2010 where in opinion was framed as: “….The committee after threadbare discussions was of the unanimous view that the Administrative Department may consider following percentage of dryage/wastage in respect of food grains handled by the staff at varoius points in Leh/Kargil i. Rice 02% (two) ii. Atta 02% (two) iii. Sugar 01% (one) iv. K. Oil 02% (two) The losses on account of dryage/wastage shall however be further subject to the conditions:- 1. That the dryage/wastage is not allowed across the board but decided on cased to case basis. 2. That the dryage/wastage claimed is not attributable to negligence of any official. 3. The dryage/wastage is claimed only in respect of stocks which have remained dumped for more than (5) months at a place. 4. That the total quantity in a year on which dryage/wastage is claimed does not constituted more than 40% of the total requirement of the region/area for the year. For working out the said percentage the stock declared unserviceable, deteriorated, destroyed etc as also the opening balances of the previous year shall not be taken into account 5. The dryage/wastage in respect of sugar be allowed at sale outlets only as the FCI is providing stocks in double pack and there are least chances of any wastage in godowns on transit. 6. The shrinkage in respect of K. Oil be allowed at retail points only. 7. The said percentage shall be maximum allowable which shall however, be restricted to actuals to be ascertained in each case on individual merits and its confirmation from the physi9cal verification reports. 8. The accrual of dryage/wastage shall not be automatic. Instead detailed accounts of the opening balances be receipts and sales. The closing balances shall be furnished by each sale outlet at the close of fiscal countersigned by the Asst. Director concerned. The shortages on account of dryage/wastage claimed and confirmed from the accounts rendered shall further be subject to verification from the T. A. Section regarding the actual remittances made by the particular SK. The closing balances shall be furnished by each sale outlet at the close of fiscal countersigned by the Asst. Director concerned. The shortages on account of dryage/wastage claimed and confirmed from the accounts rendered shall further be subject to verification from the T. A. Section regarding the actual remittances made by the particular SK. The entertainable claim shall be restricted to the lowest of the three i.e. the claim preferred, the quantity found short on the basis of the physical verification report on the amount remitted short as per records in T. A Section. 9. To be allowed on monthly product basis. 10. There is neither any plea taken on behalf of the respondents nor any document had been placed from which it can be inferred that any decision was taken finally with regard to the subject in question. 11. Considered the matter. In light of the aforesaid facts and circumstances, I am of the opinion that the writ petition can be disposed by directing the respondents to take a decision in the matter within a specified time and adhere accordingly to same. Accordingly respondents are directed to consider the matter afresh if not already done and to take final decision with regard to the dryage/wastage of food grains in terms of exercise already underway as referred supra as early as possible preferably within a period of six weeks from today. A copy of the decision taken shall be conveyed to the petitioner accordingly and if need arises may utilize appropriate legal remedy against same. 12. Disposed of accordingly.