S.J.MUKHOPADHAYA, J. - (1.) IN this case petitioner challenged the Tender Inviting Notice (hereinafter to be referred as 'N.I.T. ') No. Commrt/80/STD Booths/Tender/02 issued by the D.R.M, S.E. Railway, Chakradharpur, published in the newspaper "Hindustan" on 30th July, 2003 whereby quotation was called for setting up/installation of PCO, STD, ISD, FAX, Internet Booths at different platforms of Tatanagar Railway Station.
(2.) ACCORDING to petitioner, he is physically disabled person more than 75% so the was allowed to operate one of the STD, ISD, PCO, FAX, Internet Booth at platform No. 1, at Tatanagar Railway Station. It was allotted vide letter dated 29th June, 1998 after publication of N.I.T. in the newspaper 'Hindustan. ' He is stated to be paying licence fee since 29th June, 1998. Terms of licence having been expired on 28th January, 2001, he prayed for extension of the same, but it having not been extended and on the other hand, fresh N.I.T. having been issued, he preferred this writ petition. This Court initially passed an interim order in favour of the petitioner, but later on it modified the same by order dated on 13th May, 2005 and the respondents were allowed to settle STD. ISD, PCO FAX, Internet Booths, in question in accordance with the guidelines. When the case was taken up, this Court was informed that none of the booth has been resettled by the respondents. On the other hand, in pursuance of a recent guidelines issued by the Railway Board dated 11th March, 2005, the licence of petitioner has been extended. Learned counsel for the petitioner relied upon the guidelines dated 11th March, 2005 issued by the Railway Board, which reads as under : "It has been decided that physically handicapped persons who are presently running STD/ISD/PCO Booths on railway stations and whose contracts are expiring now or later and which are not due for extension as per contract may be allowed to continue and their contract may be extended after expiry upto 27.4.2007 provided their working is satisfactory. Kindly acknowledge receipt of this letter."
(3.) LEARNED counsel for the Railways while accepted that no PCO, STD, ISO, FAX, Internet Booth has been settled in pursuance of the N.I.T. dated 30th July, 2003, submitted that there was an interim order passed by this Court.;