The facts relating to the present Rule may be briefly noticed.

1. In the year 1971, the Government of West Bengal introduced a Scheme under the Department of Animal Husbandary and Veterinary Services. Under the Scheme, various chilling stations were established in different districts of the State for collecting milk and transporting the same to the Central Dairy at Durgaput. Under the Scheme, several transport contractors were to be employed for this purpose.

2. On the 30th November, 1973 the tender submitted by the petitioner for transportation of milk under he above Scheme was accepted by the respondent State of West Bengal effective for a period of one year form the 1st December, 1973 till the 30th November, 1974.

3. On the same day an agreement in writing was entered into between the petitioner and the State of West Bengal for transporting milk form different chilling and collection centers to the Central Dairy at Durgapur. The agreement, inter alia, provided that the contractor will use either insulated vans or Punjab body trucks (i.e. trucks with raised said shields) suitably covered with tarpaulins so as not to allow milk cans to be exposed to the Sun, provided that 100 ca