IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27976 of 2008(E)
1. S.GOPALAKRISHNAN,
... Petitioner
2. K.V.VINISHKUMAR,
3. SHERRY V.VAKKACHAN,
Vs
1. BHARAT SANCHAR NIGAM LTD , (BSNL)
... Respondent
2. THE PRINCIPAL GENERAL MANAGER
3. ASSISTANT GENERAL MANAGER
For Petitioner :SRI.LAL GEORGE
For Respondent :SRI.K.KESAVANKUTTY, SC, BSNL
The Hon'ble MR. Justice V.GIRI
Dated :26/09/2008
O R D E R
V. GIRI, J.
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W.P.(C)No. 27976 OF 2008
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Dated this the 26th day of September, 2008
JUDGMENT
The petitioners have entered into an agreement with BSNL for
the supply of vehicles for the use of the officers in the department.
Apparently, the agreement contemplated supply of higher type
vehicles, such as Tata Sumo/Scorpio,Toyota/ Qualis/Innova/
Tavera/Spacio/Maruthi Van etc. for a period of one year from
01.07.2008. It seems that later the department realized that the use
of such higher type vehicles are expensive. Therefore, they decided
to choose lower type vehicles such as Ambassador, or a jeep.
Therefore the petitioners are directed to give lower type vehicles as
per Exts.P5, P6 & P7. The same has been challenged in this writ
petition.
2. If the petitioners think that there is breach of contract, then
their remedy lies elsewhere. Learned Standing Counsel for the
BSNL submits that it was only a method of curtailing expenditure by
using lower type vehicles. Learned counsel for the petitioners
submits that rejection of higher type vehicles will cause serious
prejudice to the petitioners.
W.P.(C)No. 27976 OF 2008
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3. Learned counsel for the BSNL submits that petitioners 1 and
3 may supply two higher type vehicles for a period of two months as
a concessional measure. But, in so far as the 2nd petitioner is
concerned, since he has five lower type vehicles, that facility need
not be made available to the 2nd petitioner. In the circumstances, I
am of the view that the same facility be afforded to all the three
petitioners.
In the result, this writ petition is closed directing the
respondents to make requisition for two higher type vehicles from
each of the petitioners for a period of two months from today. It is
open to the petitioners to respond to Exts.P5, P6 and P7 and supply
of vehicles thereafter shall be subject to the decision taken by the
BSNL in that regard.
(V. GIRI, JUDGE)
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