Sample Draft- WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA

IN THE HIGH COURT OF DELHI AT NEW DELHI

(WRIT JURISDICTION)

WRIT PETITION (CIVIL) NO._______ OF2016

 

IN THE MATTER OF :

X_________S/o___________R/o___________             ……………………………..                 PETITION

  VERSUS

Municipal Corporation of Delhi,

Through Its Commissioner                   ………………………………..                             RESPONDET

 

WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA FOR ISSUANCE OF PREROGATIVE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT

Respectfully showeth:

That the petitioner is a citizen of India residing at_________. The respondent is Municipal Corporation of Delhi having their office at Town Hall, Chandni Chowk, Delhi.

BRIEF FACTS

That the petitioner is aggrieved by the illegal appointment of daily wage workers by the M.C.D. office in defiance of Notification No. MCD/LF/01-103 dated 1.2.2014 which requires the M.C.D. to appoint only those persons as daily wage workers who are below the age of 30 as an 01.10.2014. The said notifications are issued after it was duly approved.

That the petitioner is of 27 years of age and was working as a daily wage worker, when on 1.12.2014 his services were terminated without notice/prior intimation. The petitioner during his service worked to the satisfaction of superiors. The respondent has appointed Sh. Ompal, Sh. Ram and Smt Maya in defiance of the said notification M.C.D./LF/01-/03 at 01.02.2014 as all the three person namely Om Pal, Sh. Ram and Smt. Maya are more than 30 years of age as on 01.10.2014. The about named persons were appointed in utter disregard of Notification. The respondent, however, removed the petitioner from service although petitioner met the requirements. That the petitioner made representation to the respondent vied letter dated 1.12.2014, 2.1.2015 and also met the commissioner personally and apprised them of his grievance, however nothing materialized.

That in spite of oral and written representations the respondent have not cared to act and are maintaining stoic silence on the whole issue.

That the petitioner have thus approached the Hon’ble court on amongst others the following grounds

GROUNDS:

  1. Because the action of the respondent is contrary to law and good conscience.
  2. Because the action of the respondent is arbitrary, unreasonable, irrational and unconstitutional.
  3. Because respondent have no right to play with the career of the petitioner.
  4. Because the petitioner was removed from job in spite of the fact that he was below age and fulfilled all requirements.
  5. Because respondent appointed. Sh. Ompal, Sh. Ram and Smt Maya despite their being overage and not meeting requirements of Notification No. MCD/LF/01-103 dated 1.2.2014.
  6.  Because the action of the respondent is bad in law.
  7. That the Petitioner craves, leave of this Honorable Court to add, amend, alter the grounds raised in this petition.

That the cause of action in present case arose on 1.2.2014 when the respondent bought out the Notification No. MCD/LF/01-103 dated 1.2.2014, it further arise when on 1.12.2014 the petitioner was removed from job inspire of the fact that he was below age and fulfilled all requirements, it further arose when respondent appointed. Sh. Ompal, Sh. Ram and Smt Maya despite their being overage and not meeting requirements of Notification No. MCD/LF/01-103 dated 1.2.2014, it further arose when representations were made to respondent orally and in writing on 1.12.2014 and 2.1. 2015. The cause of action further arose when respondent did not act inspite of the fact having brought to their notice. The cause of action is continuing one.

That the petitioner has no other alternative efficacious remedy except to approach this Hon’ble Court by way of this writ Petition

That the petitioner has not filed any other similar writ petition either before this Hon’ble Court or before the Supreme Court of India.

That there has been no undue delay in filing of this petition.

That the honorable court has territorial jurisdiction to entertain the writ petition.

That the requisite court fee of Rs. 50/- has been affixed on this petition.

PRAYER

The petitioner most humbly pray that this on Hon’ble court may be pleased to:-

  1. Issue appropriate writ in the nature of mandamus or any other appropriate writ directing the Respondents to cancel the illegal appointment made in disregard of Notification No. MCD/LF/01-103 dated 1.2.2003: and
  2. Issued necessary directions to appointment of petitioner and
  3. issue any other further order/orders or direction/directions as this Hon’ble Court may deem fit and appropriate no the facts and the circumstances of this case.

FOR THIS ACT OF KINDNESS THE PETITIONER ABOVENAMED SHALL EVER PRAY.

Delhi                                                                                                                              PETITIONER

Date________________                                               THOUGH                                           ADVOCATE

[Note: The petition will be supported by an affidavit]

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