IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 31998 of 2008(H) -------------------------- PETITIONER: --------------- M/S.RAVEN-AIR SECURITY AGENCY REP. BY ITS PROPRIETOR, COL.(RTD). R.N. RAVI'AYILA T, AMC-V/3, KOTTAMKULANGARA WAQRD, AVULOOKUNNU PO., ALLEPPEY-688006 BY ADV. SRI.ALEXANDER THOMAS RESPONDENTS: --------------- 1. UNION OF INDIA, MINISTRY OF DEFENCE, REP. BY ITS DIRCTOR-GENERAL OF RE-SETTLEMENT GOVT.OF INDIA, MINISTRY OF DEFENCE NEW DELHI. 2. BHARATH SANCHAR NIGAM LTD.(BSNL) KONNOLA TOWERS, DOWN HILL, MALAPPURAM-676 519. ADV. SRI.C.S.RAMANATHAN, SC, BSNL FOR R2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 SRI. MATHEWS K.PHILIP, SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.31998 of 2008 -------------------------- Dated this the 18th November, 2008 J U D G M E N T Petitioner, which runs a security agency, has approached this Court aggrieved by what it perceives as reluctance on the part of the 2nd respondent in extending its contract period beyond the original contract period of two years. Petitioner has sought for the following reliefs. “(a) To declare that the petitioner is entitled for extension of the work allotment referred to in Exts. P12 & P13 for a further period of 2 years after the expiry of the initial 2 year work allotment period. (b) To issue a Writ of Mandamus or any other appropriate Writ, Order or direction, directing the respondents not to allot the work of security service coverage in the work sites of the 2nd respondent referred to in Exts. P12 and P13 allotted to the petitioner in pursuance of Ext. P11 to any person or agency other than the petitioner, for another 2 year period from 1.12.2008. (c ) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the respondents to allot to the petitioner the aforementioned work of security coverage in the work sites of the 2nd respondent mentioned in Exts.P12 & P13 allotted to the petitioner for further 2 year period from 1.12.2008”. 2. A statement has been filed Sri.C.S Ramanathan, learned standing counsel for the BSNL. Paragraph 2 of the W.P ( C) No.31998 of 2008 2 said statement reads as follows: “M/s. Raven Air Security Agency was awarded the contract to provide security service at office of the BSNL in Malappuram SSA W.E.F 01/12/2006. The petitioner was sponsored by the DGR, New Delhi. The period of contract will expire on 30/11/2008. The respondent herein had requested the DGR for fresh re-sponsorship of the petitioner by letter dated 15/9/2008 for a period of two years in the light of the judgment of this Hon'ble Court and also the provisions contained in the DGR guidelines. It is to be noted that there was no complaint against the agency and the performance was satisfactory. It is only because of this re-sponsorship was sought for by this respondent. In response to the request for re- sponsorship of the petitioner the DGR had conveyed the sponsorship of three new agencies but did not re-sponsor the petitioner.” 3. It is therefore evident that respondent has requested for re-sponsorhsip of the petitioner . It is further evident that the original contract period of the petitioner is only two years and there is no bar in the extension of the period of contract for a maximum period of four years. This issue has been dealt with by a Bench of this Court in Exhibit P4 judgment. In the circumstances, the writ petition is disposed of directing the 1st respondent to renew the work order allotted W.P ( C) No.31998 of 2008 3 in favour of the petitioner for a period of two years from 30.11.2008 subject to the conditions originally stipulated and any other conditions that are deemed fit and proper in that regard. (Sd/-V.GIRI,JUDGE) ma The words “1st respondent” occurring in the second line of the last paragraph of the judgment dated 18.11.2008 are corrected and substituted as “second respondent” as per order dated 4.12.2008 in I.A No.15139/2008 in W.P (C) No.31998/2008. (Sd/- Registrar Judicial) /True copy/ W.P ( C) No.31998 of 2008 4 V.GIRI,J. ------------------------- W.P ( C) No.31998 of 2008 -------------------------- Dated this the 10th November, 2008 O R D E R W.P ( C) No.31998 of 2008 5 I heard Sri.C.S.Ramanathan, leanred standing counsel for the B.S.N.L also. 2. He submits that B.S.N.L. is willing to continue the work of security service coverage rendered by the petitioner for another period of two weeks. Submission is recorded. Statement shall be filed by the BSNL on or before 17.11.2008. In these circumstances, obviously, the BSNL shall not enter into agreement with any other security agency in so far as the coverage now provided by the petitioner is concerned. (V.GIRI,JUDGE) ma W.P ( C) No.31998 of 2008 6 W.P ( C) No.31998 of 2008 7 W.P ( C) No.31998 of 2008 8 W.P ( C) No.31998 of 2008 9