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2017 Supreme(Del) 2102

VIBHU BAKHRU
MAJOR GENERAL VN PRASAD (RETD. ) – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr. Major K. Ramesh with Ms. Archana Ramesh, Advocates.
For the Respondents: Mr. Abhay Prakash Sahay, CGSC.

ORDER :

VIBHU BAKHRU, J.

1. The petitioner has filed the present petition, inter alia, challenging the guidelines (hereafter ‘the Guidelines’) on formation and running of companies promoted by ex-servicemen (hereafter ‘ESM Companies’) for transportation of coal as being contrary to and ultra vires Article 19 of the Constitution of India.

2. The petitioner’s grievance essentially relates to the condition that proscribes ex-servicemen, who have availed sponsorship under the resettlement scheme, from pursuing any other vocation.

3. Briefly stated, the relevant facts necessary to address the controversy involved in this petition are as follows :-

3.1 The petitioner was commissioned in the Indian Army on 10.06.1978 and retired on 31.03.2014. The petitioner was desirous of being gainfully employed after his retirement and thus registered himself with the Director General Resettlement, Ministry of Defence (hereafter 'DGR').

3.2 In order to provide employment to ex-servicemen, DGR has floated various schemes including the scheme for sponsoring of ex-servicemen for work of loading/unloading and transportation of coal for Coal India Limited (CIL) and its subsidiaries. The said scheme for sponsorin


































































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