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High Court of DelhiW.P.(C)/2197/2015

Maya Rani v. National Bal Bhawan & ANR.

2016-10-04Hon'Ble Mr. Justice Najmi Waziri2 pages

$~174 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2197/2015 MAYA RANI ..... Petitioner Through: Mr. Dinesh Kumar, Adv.

versus NATIONAL BAL BHAWAN & ANR.

..... Respondents Through: Mr. S. Rajappa, Adv. for R-1.

Mr. Rajesh Kumar, Ms. Vinod Tiwari and Ms.

Santwana, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 04.10.2016 CM No.15632/2016 (u/S. 151 CPC by petitioner) Mr. Rajappa, the learned counsel for respondent no.1, states upon instructions that a one room set is vacant in the quarters for domestic assistants attached to the Director's bungalow. He, however, submits that since there is no Director at the moment, therefore, no order in this regard can be passed by the Deputy Director as it is the Board of Management of the respondent institution which has to take a decision in this regard. The Court is of the view that as per the order dated 09.03.2015 the petitioner was to be accommodated, as an interim measure, at such place in the Director's bungalow as may be available. Almost 19 months have gone by and the said accommodation has been lying unoccupied. In the circumstances, considering the exigency and the requirement of the petitioner, who vacated the Director's bungalow along with her three

minor children and has to provide for them, the one room set of the domestic assistants shall be permitted to be occupied by the petitioner only as an interim measure, on the condition that her continuance in the said accommodation will be subject to approval by the incumbent Director. The petitioner's right to apply for staff quarters in terms of the applicable Rules shall remain unprejudiced.

The right of the incumbent Director to utilize the Director's bungalow and the aforesaid one room set accommodation for his domestic assistant(s) would not be prejudiced by this order.

The application stands disposed off in the above terms. Dasti under the signature of the Court Master. NAJMI WAZIRI, J OCTOBER 04, 2016/kk