IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12704 of 2011 1. Punita Devi D/O Saundarya Narayan Singh P.O. Shovnathpur, P.S. Kahalgaon, Distt. Bhagalpur 2. Bibhas Kumar Lt. Saradari Mandal Indumati Path Vikramsila Nagar, P.S. Kahalgaon, Distt. Bhagalpur … Petitioners Versus 1. The National Thermal Power Corporation Ltd. Govt. Of India Undertaking Through Its General Manager 2. The General Manager National Thermal Power Corporation Ltd. Kahalgaon P.O. Deepti Nagar (N.T.P.C.) P.S. Kahalgaon Distt. Bhagalpur 3. The Senior Manager ( Contract Services) National Thermal Power Corporation Ltd. Kahalgaon P.O. Deepti Nagar ( N.T.P.C. P.S. Kahalgaon Distt. Bhagalpur 4. The Additional General Manager ( Project) National Thermal Power Corporation Ltd. Kahalgaon P.O. Deepti Nagar ( N.T.P.C.) P.S. Kahalgaon Distt. Bhagalpur 5. The Deputy General Manager ( Human Resources) National Thermal Power Corporation Ltd. Kahalgaon P.O. Deepti Nagar ( N.T.P.C.) P.S. Kahalgaon Distt. Bhagalpur 6. The Regional Director National Thermal Power Corporation Ltd. Office At Jay Prakash Bhawan Dak Bangala Chauraha P.S. Kotwali Patna 1 … Respondents ------------- For the Petitioners : M/s Satish Chandra Mishra and Md. Nurul Hoda, Advocates For the Respondents: Mr. Anil Kumar Sinha, Advocate --------------- 08/ 29.11.2011 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners for the following reliefs :- “(i) For issuance of appropriate writ/writs in the nature of certiorari for quashing the conditions in item Nos. 1&2 of the qualifying requirements of vendors as given in the “Notice Inviting Tender for Selection of Vendors” dated 24.02.2011 for hiring of departmental light vehicles (Model-2008) as the aforesaid notice inviting tender has been issued inviting tenders from resourceful land oustees/general party for selection of Vendors having - 2 - light vehicles for hire under the terms and conditions mentioned in the tender papers, but the aforesaid new conditions have been deliberately and maliciously added with mala fide intention to keep the petitioners and other similarly situated marginal land ouster from the contract despite knowing the fact that the petitioners and other similarly situated persons having only one vehicle with them cannot have PF Code number under the relevant provision of law as well as they have vehicle of the year 2005 and they are not financially sound to purchase new vehicle all the time as their vehicles are being hired for the same purpose since 2005 and only the means of their earning for livelihood. (ii) For issuance of an appropriate writ/writs in the nature of mandamus directing/commanding the respondents to include the names of the petitioners in the list of vendors dated 19.07.2011 under the category of land oustees for deployment of their vehicles as the petitioners’ are being deployed/hir5ed since 2005 and this is the only means of earning for livelihood of the petitioners. (iii) For further direction of the concerned respondents not to discriminate the petitioners from the category of land oustees on any other new or fresh grounds and to hire their vehicles on contract same as those have been hired previously with all consequential benefits as mentioned in the terms and conditions of the contract. (iv) This Court be further pleased to hold and adjudicate that the petitioners cannot be discriminated in the category of land oustees by the respondents by propounding or making new grounds for their elimination at the instance of highly influential and big land oustees. (v) Any other relief/reliefs may also be granted in favour of the petitioners for which they are found entitled in the facts and circumstances of the case. “ - 3 - 3. The bone of contention in this matter is Clause 1 with respect to qualifying requirements of vendors regarding hiring of department light vehicles, which provided that the applicant should have valid PF Code number in which PF amount of his driver shall be deposited.. 4. The claim of the petitioners is that both of them are owners of only one vehicle with driver each and they have been supplying the said vehicles to the National Thermal Power Corporation Ltd. (hereinafter referred to as `the Corporation’ for the sake of brevity) since 2005.. They have also claimed that they have got only one employee each for their vehicles, which had been accepted by the authorities since the petitioners are land oustees as their lands were acquired for the purposes of the Corporation. 5. It is further claimed by learned counsel for the petitioners that earlier there was no such provision as mentioned above, but now the said provision has been added much to the chagrin of the petitioners as they are having only one vehicle with driver each and hence they have no PF Code number, which is granted only to a firm having at least 20 employees. 6. On the other hand, learned counsel for the respondents stated that the said provision is necessary for granting benefits to the derivers and hence that clause has been added and, accordingly, about 47 vehicles with drivers have been selected and are working having valid PF Code number. He further submits that the Assistant Provident Fund Commissioner of Bhagalpur has specifically - 4 - stated that the PF Code number would be granted to a person under affiliation of the Corporation even if the required number is not fulfilled, but the petitioners have not availed that opportunity although the Corporation and authorities were ready to give all assistance to them for the said purpose. 7. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioners to approach the Corporation for affiliation and through them to approach the Assistant Provident Fund Commissioner for allotment of PF Code number. The authorities of the Corporation will help the petitioners in that regard keeping in view that the petitioners are land oustees and the Assistant Provident Fund Commissioner shall act in accordance with law and as per any undertaking given by the authorities. If such P.F. Code number is allotted to the petitioners, the Corporation will consider the petitioners’ claim in the next bid if they fulfil other conditions. MPS/ (S.N.Hussain, J.)