IN THE HIGH COURT OF DELHI AT NEW DELHI
(WRIT JURISDICTION)

WRIT PETITION (CIVIL) NO. ________OF 20XX

IN THE MATTER OF:
[Name of Petitioner], S/o/D/o __________,
R/o ___________________________

…PETITIONER

VERSUS

Municipal Corporation of Delhi,
Through Its Commissioner,
Town Hall, Chandni Chowk, Delhi

…RESPONDENT

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

TO,
The Hon’ble Chief Justice and His Companion Justices of the Hon’ble High Court of Delhi at New Delhi.

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is a law-abiding citizen of India, residing at __________, and is aggrieved by the arbitrary actions of the Respondent, Municipal Corporation of Delhi (MCD), headquartered at Town Hall, Chandni Chowk, Delhi.

BRIEF FACTS:

2. That the Petitioner was employed as a daily wage worker by the Respondent. The Respondent had issued Notification No. MCD/LF/01-103 dated 01.02.2014, stipulating that only individuals below the age of 30 years as of 01.10.2014 are eligible for appointment as daily wage workers.

3. That despite meeting the eligibility criteria under the said notification, the Petitioner, aged 27 years, was unlawfully terminated from his services on 01.12.2014 without prior notice or due process.

4. That the Respondent, in clear violation of the said notification, appointed Mr. Ompal, Mr. Ram, and Mrs. Maya, all of whom were above 30 years of age as of 01.10.2014, thereby disregarding the established rules and depriving the Petitioner of his legitimate employment.

5. That the Petitioner made several representations to the Respondent, including letters dated 01.12.2014 and 02.01.2015, and personally approached the Commissioner, but no corrective action was taken.

6. That the Petitioner is left with no alternative but to seek redressal from this Hon’ble Court.

GROUNDS:

The Petitioner approaches this Hon’ble Court on the following, amongst other, grounds:

(a) Because the Respondent’s actions are arbitrary, unreasonable, and in violation of Articles 14 and 21 of the Constitution of India.
(b) Because the termination of the Petitioner’s services, despite meeting all eligibility requirements, is illegal and discriminatory.
(c) Because the appointment of overaged individuals, namely Mr. Ompal, Mr. Ram, and Mrs. Maya, violates Notification No. MCD/LF/01-103 dated 01.02.2014.
(d) Because the Respondent’s actions amount to a breach of the principles of natural justice.
(e) Because the Respondent’s actions have deprived the Petitioner of his livelihood, violating his fundamental right under Article 21 of the Constitution.
(f) Because the Respondent failed to address the Petitioner’s grievances despite repeated representations.

The Petitioner craves the leave of this Hon’ble Court to amend, alter, or add further grounds as deemed necessary.

CAUSE OF ACTION:

7. That the cause of action arose on 01.12.2014, when the Petitioner was unlawfully terminated, and further on 02.01.2015, when the Respondent failed to act upon the Petitioner’s representation. The cause of action is continuous as the Respondent has persisted in its arbitrary and illegal actions.

ALTERNATIVE REMEDY:

8. That the Petitioner has no other equally efficacious or alternative remedy except to approach this Hon’ble Court under its writ jurisdiction.

NO PREVIOUS PETITION:

9. That the Petitioner has not filed any other petition on the same subject matter before this Hon’ble Court or any other court, including the Hon’ble Supreme Court of India.

JURISDICTION:

10. That this Hon’ble Court has the jurisdiction to entertain this petition as the actions complained of were undertaken within the territorial jurisdiction of this Hon’ble Court.

COURT FEES:

11. That requisite court fees of ₹50/- have been affixed on this petition.

PRAYER:

In light of the above, the Petitioner humbly prays that this Hon’ble Court may be pleased to:

(a) Issue a writ of mandamus or any other appropriate writ directing the Respondent to cancel the illegal appointments made in violation of Notification No. MCD/LF/01-103 dated 01.02.2014;
(b) Direct the Respondent to reinstate the Petitioner with all consequential benefits;
(c) Pass any other order(s) or direction(s) that this Hon’ble Court may deem fit and proper under the circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

Delhi
Date: __________

THROUGH
[Signature of Advocate]
ADVOCATE FOR THE PETITIONER

[NOTE: The petition will be supported by an affidavit.]