Air Commodore S Sundar Rajan(Retd.) v. Union Of India And ORS.

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14955/2024 & CM APPL. 62749/2024 AIR COMMODORE S SUNDAR RAJAN(RETD.) .....Petitioner Through:

Mr. Ankur Chhibber, Advocate.

versus UNION OF INDIA AND ORS.

.....Respondents Through:

Mr. Karan Shankar Mani, G.P. for UOI.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 24.10.2024 1.

The Petitioner is a retired Air Force Officer who was registered as a proprietor of an individual Ex-Servicemen Security Agency through empanelment certificate dated 11th January, 2023. The Petitioner was issued a sponsorship letter on 1st February, 2024 to provide services to New Mangalore Port Authority,1 Respondent No. 5. This was subsequent to the disempanelment of M/s Arun HY Security Agency, the existing security agency of one Colonel Arun H.Y. (Retired). Thereafter, on 22nd April, 2024, NMPA published a tender for security services for two years specifically referring to a sponsorship letter issued to the Petitioner and mentioning the name of the Petitioner's security agency.

2.

In the meanwhile, the proprietor of M/s Arun H Y Security Agency approached this Court by way of a writ petition [W.P.(C) 7189/2024] The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

challenging the disempanelment order dated 15th January, 2024 issued against Colonel Arun H.Y. (Retired). After receiving confirmation as regards the validity of Petitioner's empanelment with NPMA, Petitioner submitted his bid online. During this time, the Directorate General of Resettlement, Respondent No. 3, revoked the disempanelment order issued to M/s Arun H Y Security Agency. As a result, the tender itself was scrapped.

3.

Aggrieved by the same, the Petitioner issued representation dated 8th September, 2024 to Directorate of Resettlement Zone (South), Respondent No. 4, seeking re-issuance of the sponsorship letter. A reminder letter dated 16th September, 2024 was also sent but no response has been forthcoming by the said Respondent. In the meantime, the Petitioner has now crossed the age of 60 which is the upper age limit fixed for award of the sponsorship letter.

4.

In light of the above, the Petitioner has invoked the jurisdiction of this Court seeking re-issuance of the sponsorship letter to him contending that the cancellation of the tender is in violation of the sponsorship letter dated 1st February, 2024. It is contended that the Respondents failed to extend the validity of the sponsorship letter which would enable him to be eligible for a contract with NMPA even after attaining the age of 60 years. 5.

The Court has noted the facts and contentions of the parties. The Petitioner has asserted his grievance by way of a representation dated 8th September, 2024 highlighting the peculiar facts of the present case and seeking the Respondents' indulgence in the matter. However, no decision has been rendered on the afore-noted representation as of now. Therefore, in 1 "NMPA"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the opinion of the Court, at this stage, it would be appropriate to direct Respondent No. 4 to decide Petitioner's representation dated 8th February, 2024, in accordance with law.

6.

All rights and contentions of the parties are left open. 7.

With the above directions, the present petition is, along with pending application is disposed of.

SANJEEV NARULA, J OCTOBER 24, 2024 as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.