Both the aforesaid writ petitions have been heard together and are being decided by this common order as the petitioner and the respondents are same and the matter in dispute as well as the points involved are also same. The only difference is the date of impugned letters issued by the Deputy Chief Engineer/TSP, East Central Railway cancelling the modification advice for different works.

2. In C.W.J.C. No. 12038 of 2010, the petitioner had claimed the following reliefs:-

(i) For issuance of writ/writs, order/orders, direction/directions quashing letter no. ECR/ENG/W-7A/04/07/6041/ 103-104/Part-1/2081 dated 8.6.2010 issued by Deputy Chief Engineer/TSP, East Central Railway whereby the modification advice no. 02/04/6041/000104/ 000066 dated 17.6.2008 has been cancelled and fresh purchase of enhanced quantity was ordered to be made at petitioner's risk & cost and responsibility (Annexure-15).

(ii) For issuance of writ/writs, order/orders, direction/directions quashing letter no. ECR/ENG/W-7A102/10/6195/ SP/Tender/2229 dated 22.6.2010, issued by Deputy Chief Engineer/TSP, East Central Railway whereby a risk & cost open tender against extended quantity of petitioner's modification advices has been floated vide tender notice no. CE/ 2010/04 dated 22.6.2010 (Tender No.02/10/6195/SP due for opening on 28.7.2010 and petitioner was held liable for any loss/damages which may be incurred by the respondents on account of risk purchase (Annexure-16).

(iii) For issuance of writ/writs, order/orders, direction/directions quashing Para-(V) of letter no. ECR/ENG/W-7A/ 04/07/6041/104 dated 16.10.2007 issued to the. petitioner whereby and whereunder rate for supply was lowered and it was made applicable from the date of issuance of this letter simply on the ground• that tenders for subject stores have been finalized in East Central Railway at lower rate (Annexure-6).

(iv) For issuance of writ/writs, order/orders, direction/directions quashing letter no. W-07 A/6041 /104/05 dated 29.5.2008/2.6.2008, whereby respondent no. 4 has invoked clause no. 15 of annexure of purchase order no. 000104 dated 29.3.2005 and directed the petitioner to make supply of increased quantity (+30%) of switches on rate as fixed and communicated vide letter no. ECR/ ENG/W-7 A/6041 /104 dated 16.10.2007 and for enhanced quantity PVC was to be applicable with base month as December 2005 and delivery period was fixed as 6.10.2008 (Annexure 7).

(v) For issuance of writ/writs, order/orders, direction/directions quashing modification advice no. 02/04/6041/ 000104/000066 dated 17.6.2008 whereby and whereunder the respondent authorities have altered the original purchase order no. 02/04/6041/000104 dated 29.3.2005 and directed the petitioner to make the supply of enhanced quantity (+30%) on reduced rates and delivery period has also been reduced up to 5.9.2008 (Annexure-8).

(vi) For issuance of writ/writs, order/orders, direction/directions quashing the letter dated 15.7.2009 issued by respondent no. 4 to the petitioner directing him to supply the enhanced quantity of switches on reduced rates (Annexure-9).

(vii) It is further prayed that after quashing Para (V) of letter no. ECR/ ENG/W-7A/6041/104 dated 16.10.2007 whereby and whereunder rate for supply was lowered and it was made applicable from the date of issuance of this letter respondent authorities may be further directed to pay the money to the petitioner as per original purchase order no. 000104 dated 29.3.2005 including PVC.

(viii) For any other relief/reliefs as may be deemed fit and proper in the facts and circumstances of the case.

3. In the aforesaid case, the matter arises out of tender notice no. CE/2004/ 07 for tender no. 02/04/6041/SP issued by the Engineering Department of East Central Railway, for the following works:-:

(a) Fan shaped switches 60 kg 1 in 81/2 to RDSa's Drg. No. T-4966

(b) Fan shaped switches 52 kg 1 in 81/2 to RDSa's Drg. No. T-4866

(c) Fan shaped switches 60 kg 1 in 12 to RDSa's Drg. No. T -4219

(d)