I.A. Ansari, J.

1. The material facts, giving rise to this appeal, are not in dispute and may be, therefore, set out, in brief, as under:

(i) Pursuant to a Notice Inviting Tender (in short, 'NIT'), issued, on 20.5.2004, by Deputy Commissioner, West Siang District, the appellant and some others submitted tenders seeking appointment as carriage contractor of PDS items (i.e., food articles, which are distributed under the Public Distribution System) from the base depots of the Food Corporation of India (in short, TCI') to various public distribution centres (hereinafter referred to as 'PDC') and en route locations, in the district of West Siang, for the year 2004-2005. The appellant quoted 10 paise and 19 paise per quintal, per kilometre, for plains and hill areas respectively, as his carriage rate. At the time, when the tender process was in progress, carriage of PDS items by head-load stood banned. By an order, dated 24.6.2004, the State Government extended the ban on carriage, by head-load, of PDS items for a further period of one year. Accepting the rates, quoted by the appellant, the Government approved selection of the appellant, as PDS carriage contractor, at the rates of