Page 38 - SeniorsToday May20

Court disappears. “It appears that the court
There may be a catch in that discounted flight, so read the
terms and conditions carefully
other and that it was a duty of all citizens
of this country to ensure a comfortable and
happy life to its senior citizens. Hence, they
said, there was no error in the order of the
High Court.
After hearing the arguments, the Supreme
Court opined that a concession granted by a
carrier is a concession only, and no person is
entitled to insist that the concession should
be with conditions determined by that
person. Once it is held that no beneficiary
of a concession has a right to insist on a
particular condition or conditions, the
very basis for the judgement of the High
In the 2004 case filed by a senior citizen, the airline and Indian Railways were issued notices
38
proceeded only on the basis of its subjective
satisfaction to arrive at the conclusion that
the conditions were not to the benefit of
senior citizens ignoring the basis nature
of a concession given on the basis of
administrative policy and ignoring the effect
that they could have on the concessionaries.”
Relying on earlier judgements, the Supreme
Court held that it is not for the Court to
interfere in matter of policy as that is a
decision for the administrators on an
examination of the various facets before
them and the inputs they receive from
various sources.
The Court allowed the appeal and
concluded: “The very basis of this
judgement is that a decision to grant a
certain concession or a certain benefit and
the conditions for their grant are a matter
for the administrators alone and the court
should not interfere in the matter on the
premise that it was of the opinion that some
of the conditions imposed were not justified.
A concession based on an administrative
decision de hors a statute as in this case
stands on a yet weaker footing.”