Point of Law: Scope of judicial review when examining policy of Government is to check whether it violates fundamental rights of citizens or it is opposed to provisions of Constitution or opposed to any statutory provisions or manifestly arbitrary. Courts cannot interfere with a policy decision either on ground that it is erroneous or on ground that a better, fairer or vicer alternative is available.

JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of writ of Certiorarified Mandamus, calling for the records relating to the proceedings bearing No.2017/RCTC/DCS/PROD/Take Over/02, dated 04.10.2021 of the 1st respondent herein and the consequential proceedings bearing No.IRCTC/SZ/CK-CGL/2019, dated 28.10.2021 and the proceedings bearing No.2019/IRCTC/SZ/FP-TPJ dated 29.10.2021 of the 3rd respondent herein quash the same and consequently direct the respondents herein to give extension for the static units operated by the petitioner from the date on which normalcy has returned and 100% regular train services as it stood before the lock down due to Covid 2019 are restored.

1. The contract period granted to the petitioner to run two canteens viz., Cell Kitchen at the Chengalpet Railway Station and the other at Food Plaza, Tiruchirapalli was extended by the Railways on account of Government imposed lock-down and the extended period was considered as free days i.e., the petitioner need not pay the license charges.

2. The non-operative period on account of Government imposed lock-down by the petitioner was treated as dies non period.

3. Insofar as the Cell Kitchen at Chengalpet Railway Station is concerned, the petitioner has been informed by the third respondent that he will be granted 246 days extension due to the non-operative period.

4. Insofar as the Food Plaza at Tiruchirapalli Junction is concerned, it is the case of the petitioner that the petitioner has operated it during the optional period and was not able to restart even after 15.07.2021, the date from which it was made mandatory to operate with reduced licence fees. According to the petitioner with regard to the Food Plaza at Tiruchirapalli Junction, the passenger movement was shifted far away from the original entrance in front of the Food Plaza, and the area around the Food Plaza was cordoned of and there was no passenger movement in the vicinity of the Food Plaza.

5. According to the petitioner, he made several representations to the second respondent requesting the second respondent to appraise the Railway authorities to clear the blockade and reopen the entry/exit gate near the Food Plaza. Therefore, according to the petitioner, he was unable to restart the Food Plaza at Tiruchirapalli on the mandatory date and commenced the operations only from 25.08.2021. The respondents have fixed a reduced rate of licence fee during the period from 01.06.2020 to 31.10.2021. The details are as follows :-

6. The licence fees for the above mentioned periods was reduced by the Railways on account of the fact that there was reduced passenger traffic on account of Covid-19 pandemic, though there was no complete lock-down imposed by the Government.

7. Guidelines were issued by the first respondent on 04.10.2021 for calculating the number of days for extension which the licensees are entitled to on account of the lock-down and restrictions due to the pandemic and that the said guidelines were issued in supersession of all the earlier directions.

8. The third respondent informed the petitioner by its letter dated 28.10.2021 that as per the guidelines, the petitioner having total of 246 days residual period (free days) as on 22.03.2020, including the dies non period has operated Cell Kitchen Unit at Chenglepet for 180 days with reduced license fee (till 31.10.2021), hence the remaining contract period for the Chengalpet Cell Kitchen, is 66 days, as per the tabular column, shown hereunder :