ANIL GAMBHIR Vs. CPWD

JUDGEMENT

(1.) THE petitioners impugn an Office Memorandum no. DGW/MAN/ 202 dated 15.12.2009 issued by respondent no. 1 (hereafter CPWD) , whereby outsourcing of day to day maintenance, annual repair and maintenance and special repair etc. pertaining to civil, electrical & horticulture service was declared as a specialised work/item (hereafter referred to as the "impugned memorandum") .

(2.) THE petitioners contend that the impugned memorandum is arbitrary, unreasonable and violates Article 14 of the Constitution of India. According to the petitioners, there is no intelligible differentia between day to day maintenance and repair works and other civil works, which would warrant the day to day maintenance and annual maintenance to be classified as specialised work.

(3.) THE relevant facts relating to W.P.(C) 6341/2013, which are necessary for considering the controversy, are as under: -