COLLECTOR DHARAMVIR KATARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner. Col. Dharamvir Kataria, is the husband of the deceased Mrs. Mangia Kataria, Head of the Department of Statistics and Demography, National Institute of Health and Family Welfare (for short "NIHFW"). The first respondentistheUnionoflndia,thesecondrespondentistheDirectorofNIHFW,third respondent is Director General of Works, fourth respondent is M/s. Bharat Bijiee Ltd. and the fifth respondent is M/s. A.G. Enterprises.

(2.) The NIHFW, a Government organisation, built two multi-storeyed Blocks of Type IV Quarters and two multi-storeyed Blocks of Type V Quarters in its Campus at Munirka. The construction was carried out by the Central Public Works Department (for short "CPWD"). The residential flats were taken over by the NIHFW on June 15, 1995. Type IV and V Blocks have been provided with two numbers lifts. These lifts were installed by the fourth respondent-M/s. Bharat Bijiee Limited under the supervision and direction of the CPWD. The lifts were handed over by the CPWD to NIHFW on )une 13,1996. After two days viz. June 15,1996 the lifts were handed back by NIHFW to Electrical Division No. XIII of the CPWD for their operation and maintenance. Though the fourth respondent, M/s. Bharat Bijiee Ltd, had undertaken warranty and guarantee responsibility of the lifts, contract for their operation and day-to-day care was awarded to the fifth respondent, M/s. A.G. Enterprises, w.e.f. June 26, 1996.

(3.) The wife of the petitioner, Mrs. Mangia Kataria, who was the Head of the Department of Statistics and Demography, NIHFW, was allotted Flat No. 13 on the 4th floor of Block I (Type V Quarters) in August/September, 1995. However, at the time of handing over of the flat to her, the lifts were not in operation. In this regard, she made representations to the concerned for making the lifts operational. It was only on June 13,1996 that the facility of lifts was made available to the residents of multi-storeyed Blocks of Type IV and V in NIHFW residential campus.