- (1.) The petitioner responded to a tender notice issued by Indian Railway Catering and Tourism Corporation Limited (hereafter the Corporation) for operation and management of catering and on-board services on 2345-46, Saraighat Express and 2331-32, Himgiri Express trains (hereafter the said trains). The Corporation by its letter dated November 23, 2006 conveyed to the petitioner the decision of awarding him licence for management of catering and on-board services on the aforesaid trains on payment of licence fee of Rs. 43,35,155.00 per annum, subject to other terms and conditions mentioned therein as well as the bid documents. The bid documents provided that term of licence for pantry cars would be five years from the date of commencement of services and that there shall be no extension.
(2.) The petitioner claims that he complied with all terms and conditions and started rendering services from January 4, 2007 to the full satisfaction of all concerned including the passengers who boarded the said trains.
(3.) The five-year period of the licence was to expire on January 3, 2012. During the subsistence of the licence, control in respect of catering and onboard services on trains exercised by the Corporation was transferred to the Zonal Railways. Catering Policy, 2010 was introduced on July 21, 2010 by the Railway Board (hereafter the Board) and the Zonal Railways were advised by the Board to renew all agreements, which had expired or were due for expiry in the next six months subject to a maximum extension of six months from July 21, 2010 by circular dated August 9, 2010. This was followed by the Board's letters dated December 29 and 30, 2010, February 2, 2011 and July 1, 2011 whereby it was proposed that further extension may be granted for a period of six months till January 21, 2012 or until finalisation of standard bidding documents (hereafter SBD), whichever is earlier, with a view to ensure uninterrupted catering services to the passengers based on satisfactory performance and subject to payment of all dues and withdrawal of Court cases, if any. Ultimately, the Board by letter dated December 30, 2011 conveyed to the Chief Commercial Managers of all the Zonal Railways, inter alia, to the following effect: "Based on the requests of the Railways the matter has been examined by Board. Since the clarification/modification in the SBD guideline is under review and will take some time, in such circumstances it has been decided that Zonal Railways may permit further extension to mobile catering contracts for a period of one year w.e.f. 21.01.2012 or until the finalization of new contracts based on SBD guidelines issued by Board from time to time, whichever is earlier, with a view to ensure uninterrupted catering services to the Railway passengers.";