M.Y.EQBAL,J. - (1.) IN these two writ petitions since common question of law and facts are involved, the same are being heard and disposed of by this common order.
(2.) THE petitioners have prayed for quashing the order passed by the Deputy Commissioner, Godda which was communicated vide memo dated 21.3.2001 whereby the Deputy Commissioners denied payment of wholesale dealers commission fixed earlier in pursuant to the order passed by Patna High Court in CWJC No. 11057/96 and further for a writ commanding upon respondent No. 4 Deputy Commissioner, Godda to restore of commission @ 2.15% on kerosene oil allowed to the kerosene oil wholesale dealers of Godda. Petitioners' case is that Government of India in the Ministry of Petroleum and Chemical had appointed a working group consisting of three members including the, Chairman, namely, Sri. J.U. Talukdar, ICA retired Ex. Chief Secretary, Government of West Bengal, Calcutta, Chairman Sri. S.S. Shiralkar, Additional Secretary, Ministry of Finance Member and Sri. N. Krishnan. Chief Cost Accounts Officer, Ministry of Finance Member. The working group was appointed to examine a report in the matter of determination of the ex -refinary process of refined petroleum products. The said Committee after careful exmination had fixed the commission at Rs. 7.70 on the sale of the kerosene when price of one L/K was as Rs. 358.80 while fixing this rate the Committee had taken note of the fact that in the year 1965 the commission to the agents were being paid at the rate 2.15% of the value of the kerosene oil per K/L sold.
(3.) THE petitioner federation wrote to the Ministry of Petroleum requesting for fixing the agents commission at the rate of 2.15% of the total value per K/L and also other allowance 1% leakage on the cost value, barrel depreciation handling and other expenses. Thereafter, the State level co -ordinator, Orissa issued a letter on 24.9.1991 addressed to the F.A. cum Deputy Secretary to the Government of Orissa, Food and Civil Supplies Department, Government of Orissa for revision of handling, leakage barrel depreciation. The dealers federation has been agitating for increasing the amount of agents commission from time to time by making request to the Union of India in the Ministry of Petroleum and the co -ordinator of oil companies.;