SANJAY KUMAR JHA Vs. AIIMS

JUDGEMENT

(1.) THE petitioner herein is a disabled person as he suffers from blindness. It is not in dispute that he suffers from a ?disability? as defined under Section 2 (i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the ?disability act? ). The petitioner has also enclosed a medical certificate dated 2. 9. 1994 issued by the office of Medical Superintendent, Hindu Rao Hospital, New Delhi, which comes under the Municipal Corporation of Delhi to show that he is medically handicapped. As per this certificate, his blindness is 100% and it is recommended that he be considered as a candidate for grant of benefit as a 100% visually handicapped person.

(2.) ALL India Institute of Medical Sciences (AIIMS) has a big campus known as ?ayurvigyan Nagar Campus?. Having felt the need to have a local telephone booth for the visitors and residents etc. , AIIMS has constructed a shop measuring 8 ft. x 5 ft. (40 sq. ft.) at the said campus from where local telephone booth is operated. On 8. 2. 1994, AIIMS had allotted the said shop to the petitioner for running a public telephone booth in response to his application for allotment thereof. This allotment was made on licence basis and licence deed was executed. As per the conditions of the said allotment and the licence deed, the allotment was for a period of 11 months renewable by mutual consent. The licence fee, including water and electricity charges was fixed at Rs. 100/- per month. There are other usual terms contained in the licence deed. Though the initial period of the licence deed was 11 months, the petitioner was allowed to run STD/isd services in the said telephone even after the expiry of the initial period of 11 months. This licence fee was, however, increased to Rs. 600/- per month plus electricity and water charges of Rs. 200/- vide letter dated 9. 4. 1995. On 20. 4. 1996, further extension for a period of two months from 1. 4. 1996 to 31. 5. 1996 was granted by the Director, AIIMS.

(3.) THEREAFTER in the year 1999 Negotiation Committee meeting was held on 22. 2. 1999 to decide the question of further renewal of the contract of STD/isd pay phone booth. The said Negotiation Committee decided to renew the contract of the petitioner for further period of 11 months with effect from 1. 3. 1999 at the enhanced rate of Rs. 1,800/- per month, including water and electricity charges. In the minutes of the meeting it was, inter alia, recorded:-?the contract period of Shri Sanjay Kumar Jha who has been allotted STD Booth at a. V. Nagar was going to be expired by 28th February, 1999. Therefore, the negotiation Committee had reviewed the contract. Shri Sanjay Kumar Jha was also present. This committee considered his services and found to be satisfactory, therefore, the committee approved the extension of the contract for a period of 11 months w. e. f. 01. 03. 99 at the enhanced rate of Rs. 1,800/- per month including water and electricity charges. The other conditions of the contract were also approved. ?