Arun Prakash Pandey vs Government Of Nct Of Delhi
2014 Latest Caselaw 6482 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                   W.P.(C) 7285/2014

                                          Decided on : 04.12.2014
IN THE MATTER OF:
ARUN PRAKASH PANDEY                      ..... Petitioner
                  Through : Ms. Anisha Jain, Advocate


                        versus


GOVERNMENT OF NCT OF DELHI               ..... Respondent

Through : Mr. Shoaib Haider, Advocate with Mr. Sandeep Gulati, Dy. Secretary (PWD).

CORAM HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)

1. The present petition has remained pending to await the

instructions by the counsel for the respondent/Govt. of NCT of Delhi as

to the status of the notification of the Govt. of NCT of Delhi of Allotment

of Government Residences (General Pool) Rules.

2. On the last date of hearing, counsel for the respondent/Govt. of

NCT of Delhi had informed the Court that the Rules had been drafted and

forwarded to the Office of the Lieutenant Governor for purposes of

notification and it would take another month for completion of the

process.

3. Today, Mr. Haider, learned counsel for the respondent/Govt. of

NCT of Delhi states that the aforesaid Rules have been approved to bring

in the necessary amendments regarding 3% reservation in allotment of

residential accommodation for persons with disabilities and the said

notification has been sent to the General Administrative Department for

publication. He further states that in the meantime the Rules have

already been uploaded on the website of the Govt. of NCT of Delhi and

the same shall be published in the Gazette within a couple of one-two

weeks.

4. In view of the aforesaid submission, the prayer made in the writ

petition stands satisfied. After the Gazette notification in respect of the

aforesaid Rules is published, the respondent/Govt. of NCT of Delhi shall

take immediate steps to reserve 3% clear vacancies in Type I-IV

residences for allotment to persons with disability in conformity with the

Persons with Disabilities (Equal Opportunities, Protection of Rights and

Full Protection) Act, 1995 (in short 'the Act'). The said process of

establishing clear vacancies in Type I-VI residences for allotment to

persons under the Act shall be concluded within one month from the

date of publication.

5. If the petitioner has any further grievance on account of the

inaction on the part of the respondent/Govt. of NCT of Delhi in this

regard, he shall be entitled to seek his remedies in accordance with law.

6. The writ petition is disposed of.

                                                    (HIMA KOHLI)
DECEMBER 04, 2014                                      JUDGE
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