JUDGMENT :

1. Heard Mr. T.H. Hazarika, learned counsel appearing on behalf of the petitioner. Mr. B. Sharma and Dr. B.N. Gogoi, learned counsels appearing for the respondent nos.1, 2 & 4 and Mr. A.N. Singh, learned counsel appearing for the respondent no.3.

2. The instant writ petition has been filed by an Association representing the Vending and Catering Contractors of N.F. Railway challenging the Commercial Circular No.20/2017 formulated as Catering Policy 2017 dated 27.02.2017.

3. It is the case of the petitioner association that the respondent authorities had demanded upon the members of the petitioner association that they would accept Licence Fee only at a rate of 12% per month of the total sale, which was very high rate for which the petitioner association had instituted a proceeding before this Court which was registered and numbered as WP(C) No.1506/2016. This Court vide an order dated 16.03.2016, while issuing notice had directed that in the interim no coercive measures should be taken for realisation of the enhanced arrear as the same would be subject to the outcome of Arbitration Appeal No.21/2015. It was further directed vide the said order that the non-payment of the arrear licence fee should not be made the justification for removal of the vendors. It is further the case of the petitioner that in order to circumvent the said order, the Commercial Circular No.20/2017 was brought into force with immediate effect. The petitioner association has assailed the Commercial Circular No.20/2017 on the ground that the said Circular was brought into effect in order to circumvent the judgment and order dated 29.01.2016, passed in Civil Appeal No.618-620/2016, arsing out of SLP(C) No.9921-9923/2014. Further to that, it is the case that if the Commercial Circular No.20/2017 is implemented, the same would violate the right to livelihood of the members of the petitioner association which have been guaranteed under Article 21 of the Constitution of India apart from violation of Article 39(A) and 41 of the Constitution which casts an obligation upon the State to secure the citizens an adequate means of livelihood followed by right to work and in that manner the members of the petitioner association are vested with a right to livelihood through their respective businesses. Therefore, it is the case of the petitioner that the policy decision i.e. that Catering Policy No.20/2017 is bad for nullifying the present legal proceedings i.e. WP(C) No.1506/2016 and throwing the existing licencees out of employment while transferring all units connected to food to IRCTC Limited. It is in the above premise that the Catering Policy of 2017 have been put to challenge.

4. It appears on record that this Court vide an order dated 30.08.2017 issued notice and in the interim directed that no coercive action would be taken by the railway authorities against the members of the petitioner association without the leave of this Court. It has been submitted at the bar that on the basis of the interim order dated 30.08.2017 which have been extended from time to time, the members of the petitioner association are continuing with the vending units within the jurisdiction of the Lumding Divison, N.F. Railway till date.

5. It appears on record that the respondent nos.1, 2 & 4 have filed an affidavit-in-opposition. In the said affidavit-in-opposition, it has been mentioned that the Railway Board formulates Catering Polices from time to time for making improvement in quality of food served to customers. Keeping in view the objective to provide quality food to the customers, Catering Policy, 2017 was issued vide Commercial Circular No.20/2017. It was further stated that the Catering Policy of 2017 is applicable Pan India over all Indian Railways and the said policy has already been implemented over Indian Railways. Catering Policy of 2017 was issued for betterment in catering services and without any malafide intention. It was further mentioned that the said cater