The parties as well as the subject matter of the dispute in these Writ Petitions are common. As such, they are heard and being disposed of together.

Introduction:

The petitioner in these Writ Petitions is the South Central Railway Caterers, Dry Fruits, Fruit Juice Stalls Welfare Association, Warasiguda, Secunderabad. W.P.No.14577/2013 is filed on behalf of the members of the petitioner-Association running canteens in 25 Railway Stations of the Vijayawada Division. W.P.No.14888/2013 is filed by the members of the petitioner-Association running catering stalls and fruit juice stalls in 29 Railway Stations of the Vijayawada Division. W.P.No.15072/2013 is filed on behalf of the members of the petitioner-Association running catering and other stalls in various Railway Stations of the Guntakal Division.

The Facts:

The members of the petitioner-Association were granted licences for running General Minor Units (GMUs) or Special Minor Units (SMUs), as the case may be, in Categories A, B and C Railway Stations. The said licences were granted prior to the creation of the Indian Railways Catering and Tourism Corporation Limited (IRCTC) under the Catering Policy 2005 (for short “the 2005 Policy”). Under the 2005 Policy, the contracts under Categories A, B and C Railway Stations were transferred to the IRCTC while continuing the contracts granted under Categories D to F Railway Stations under the control of the South Central Railways (SCR) till the IRCTC was equipped to take over these Units. It is not in dispute that the contracts held by the members of the petitioner-Association were renewed during the subsistence of the 2005 Policy. The 2005 Policy was replaced by the Catering Policy 2010 (for short “the 2010 Policy”). Under this Policy, contracts of all the existing major and minor catering units will be awarded and managed by the Zonal Railways, except Food Plaza, Food Courts and Fast Food Units. It has also envisaged taking over of the management of all mobile catering services including base kitchens and mobile catering through departmental catering in a phased manner. The IRCTC was left with running of the Food Plaza, Food Courts and Fast Food Units alone.

Consequent on the 2010 Policy, the Chief Commercial Manager of respondent No.3 has issued Circular No.78/F/Catering Policy/2010, dated 23-8-2011 wherein it is mentioned that the SCR has decided to grant renewal of licences for a period of three years w.e.f. 21-7-2010 i.e., the date on which the 2010 Policy was made effective in respect of the GMUs and SMUs taken over from the IRCTC, subject to the conditions stipulated in paras 16.1.3 and 16.2.1 of the 2010 Policy. Consequently, proceedings were issued by the Vijayawada and Guntakal Divisions renewing the licences of the members of the petitioner-Association from 21-7-2010 to 20-7-2013. On the eve of expiry of these licences, the Senior Divisional Commercial Manager, Vijayawada, has issued bid notice No.B/C.79/GMUs/BZA/2, Notice No.01/2013, dated 26-4-2013 inviting sealed bids on the Single Stage Two-Packet System from food and catering service providers for provision of catering services at the various GMUs of Categories A and B Railway Stations in the Vijayawada Division. A similar notification dated 3-5-2013 was issued for establishment of catering stalls/fruits and fruit juice stalls in SMUs in A1, A and B Category Railway Stations. The Senior Divisional Commercial Manager, Guntakal of respondent No.3 has issued a similar tender notice dated 15-5-2013 for running of SMUs in A1, A and B category Railway Stations falling under the Guntakal Division. Feeling aggrieved by these tender notifications, the petitioner filed these Writ Petitions.

The Pleadings:

The main plea of the petitioner, which is common in all these three Writ Petitions, is that under the 2010 Policy, the existing licencees are entitled for renewal of their licences for a period of three years each time in respect of both the GMUs and SMUs in A, B and C C