Legal Documents Library

SYNOPSIS

1. That the present Writ Petition under Article 226 read with 227 of the Constitution of India is against the order dated _____________ passed by the Hon'ble Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred as 'Hon'ble Tribunal') in OA No. ___ of 20__ vide which the Hon'ble Tribunal has disposed of the OA on the basis of an interim order passed by this Hon'ble Court on ____ in Writ Petition (C) No. ___ of ___ titled _____ & Ors _____ & Ors.

2. That in the said Petition it was wrongly mentioned that Mr. ______________, one of the Batch mates of the Petitioner, has done ___ course. In fact he has done _______ Course (the same course done by the Petitioner) from _____ and his candidature for the post of Primary teacher in MCD was rejected with a remark 'overage' without giving age relaxation as per the direction of this Hon'ble Court in Sachin Gupta and Ors Vs. Delhi Subordinate Services Selection Board, Writ Petition.

3. That the Hon'ble Tribunal while disposing of the OA failed to consider the fact that the above said Writ Petition was filed by concealing the fact that disputes regarding educational qualification was already settled by this Hon'ble Court vide order dated __________________ in. The copy of the said order was in the file of the Hon'ble Tribunal, but without considering it and on the basis of wrong statement given by the respondents that Mr. ____________ had done ____ course, the Hon'ble tribunal disposed of the Original Application filed by the Petitioner.

4. The Hon'ble Tribunal also failed the appreciate that Writ Petition No. ________ of 20___ is barred by Res Judicata as all the disputes regarding educational qualification i.e. ETE, Diploma in Education and equivalent courses had been settled by this Hon'ble Court in ______ (supra) which was attained finality after the Hon'ble Supreme Court allowed the Review Petition filed by Mr. _____.

5. Brief facts about the case are that pursuant to the Advertisement No. ______________ of Delhi Subordinate Services Selection Board (DSSSB), the petitioner had applied for the post of Primary Teacher in Municipal Corporation of Delhi (MCD) (Post Code ____) under OBC Category and appeared for Written Examination held on _____________. She had secured _____ marks but her candidature was not considered for the said Post and her name was displayed in the rejection list published on ________ with a remark of "overage".

 

LIST OF DATES AND EVENTS

18.03.__ Maximum age limit for appointment to the post of Assistant Teacher ___ were __ years for male and __ Years for Female.

08.05.___ Respondent No. 1

SYNOPSIS

• The Petitioners are filing the present Writ Petition under Article 226 of the Constitution of India Praying inter alia for issuing Writ of Mandamus and other appropriate Writ for directing the Respondent No. 1 to Release Respondent No. 4 from the premises of Respondent No. 5, seeking direction to Respondent No. 1 inquire into the incident of keeping Respondent No.4 in confinement by Respondent No. 5 in an illegal building without basic amenities and in un healthy conditions, conduct proper medical tests on Respondent No. 4 and also seeking Direction to Respondent No. 4 to take care of ailing Petitioners at their old age and provide maintenance to them under Section 4 of Maintenance of Parents and Senior Citizens Act 2007.
• That the petitioners are Senior Citizens aged __ and __ years and Parents of Respondent No.4, _____________,  who has been staying in the Premises of Respondent No. 5 ______________________ since July 20__. The Petitioners being senior citizens need the support of Respondent No. 4 to take care of their health, necessities etc. 
• That the Petitioners have strong doubts on the Respondent No. 5 kept their Respondent No. 4 under the influence of drugs or any other substance.
• That Respondent No. 4 is an Engineer and was earning Rs. 24 Lakh a year and when she joined Respondent No.5. The Petitioners have strong doubt that Respondent No. 5 has trapped her for the sake of bank deposit. 
• That the Respondent No. 4 categorically told on ______ through phone that she is not interested to talk to the Petitioners as they are not left hope on her and continuously raising the issue in Court, government authorities, Media and Police stations. 
• That as per Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Children are obliged to maintain a senior citizen to the needs of such citizen so that senior citizen may lead a normal life.
• That as per Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 the Application for maintenance should be filed in Tribunal, but due to the Peculiar situation in this matter, as the Respondent No. 4 is confined in the Ashram of Respondent No.5, the Petitioners are approaching this Hon’ble Court for Justice.

LIST OF DATES AND EVENTS

2016 Respondent No.4 stayed and studied Masters in Commerce. She started working for an approximate salary package of Rs. 24 lakhs a year.

July 2016 Respondent No.4 came back to India and started staying in without intimating her parents.

2016-19 Petitioner No.2 made several complaints to Police and government authorities for return of their daughter. But there was no action on the part of the authorities. 

 

15.1.20__ Respondent No.4 categorically told to the Petitioners on Mobile phone that she is not willing to meet or talk to them as they are continuously maligning the Respondents No. 5 by making complaints to Police and approaching Media. She has told to the Petitioners that since this Hon’ble court expressed helplessness in the pending PIL, nothing will happen to the Respondents No. 5.

__.02.20__ Hence the instant Writ Petition

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION 

WRIT PETITION (CIVIL) NO.         OF 2020

IN THE MATTER OF:

A B C ….PETITIONERS

VERSUS

XYZ ….RESPONDENTS

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING INTER ALIA FOR ISSUING WRIT OF MANDAMUS AND OTHER APPROPRIATE WRIT FOR DIRECTING THE RESPONDENT NO. 1 TO RELEASE RESPONDENT NO. 4 FROM THE PREMISES OF RESPONDENT NO. 5, SEEKING DIRECTION TO RESPONDENT NO. 1 INQUIRE INTO THE

Writ Petition seeking Writ of Certiorari in High Court under Article 226 of Constitution to quash order of an order.

Format of Writ Petition seeking Writ of Certiorari in the High Court under Article 226 of the Constitution.

A writ of certiorari is a direction to an authority to produce before the Court the records on the basis of which a decision under challenge in the writ petition has been taken. By looking into those records, the Court will examine whether the authority applied its mind to the relevant materials before it took the decision. If the Court finds that no reasonable person could come to the decision in question, it will set aside (quash) that decision and give a further direction to the authority to consider the matter afresh.

Sample format of Writ of Certiorari to High Court is given below. This is only body of the Writ Petition. Please include other details also:

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. OF 20__

(UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)

IN THE MATTER OF:

1. Mr. ____________ son of _________

Resident of _________ PETITIONER

 

VERSUS

1. State of _____

Pollution Department RESPONDENT NO. 1

Through its Secretary

2. South Delhi Municipal Commissioner

New Delhi RESPONDENT NO. 2

3. Pollution Control Department

New Delhi RESPONDENT NO. 3

 

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI TO THE RESPONDENTS AND QUASH ORDER

Writ Civil

 

WRIT OF CERTIORARI IN THE HON’BLE HIGH COURT AT_______________________________

(Original Civil Jurisdiction) Writ Petition No_____________________

of _________ , 20 _________ A _________ Petitioner;

Versus

1. State of ____________________________

2. Drug Controller _________________

3. Appellate Authority ____________________________Respondents.

Petition under Article 226 of the Constitution for the issue of a writ of certiorari. To The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court of Judicature. The abovenamed Petitioner begs to submit as under :

1. That the Petitioner is a stockist and dealer in drugs and carries on his business in the name and style of _________________at ________________________

2. That the Petitioner held a drug dealer’s licence No__________________. dated _____________ and has been carrying on this business for the last six years.

3. That on ___________________________ the Petitioner received a notice from

WRIT OF PROHIBITION

 

IN THE HON’BLE HIGH COURT OF JUDICATURE AT_________

(Original Civil Jurisdiction)

 

Writ Petition No_________. of _________20 _________

Mr …………………………………………..Resi …………………………………………….………………Petitioner.

 

Versus

1. State of _________

2. ………….., Inspector-General of Police _________

3. ……………….., Inspector of Police _________ Respondents.

Petition under Article 226 of the Constitution for the issue of a writ of prohibition.

To

 

The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court.

The above named Petitioner begs to submit as under :

1. That he was appointed a Sub-Inspector of Police in the State of _________on _________

2. That he served the State in various capacities, to wit as _________.

Stay Application in Appeal under Order XLIII of Civil Procedure Code.

Format of stay application to file with Appeal under order 43 of CPC.

A separate stay application can be filed to seek stay form the higher court while filing appeal under order xliii of Civil Procedure Code. As per Order XLIII of CPC an appeal shall be from the following orders under the provisions of section 104.

Sample format of Stay Application to be filed with appeal under order 43 of CPC is given below:

 

IN THE ______ COURT OF _______

AT ----------------

CIVIL MISCELLANEOUS APPLICATION NO_____ OF 20__

IN THE MATTER OF:

_______________ ....... APPELLANT/ APPLICANT

VERSUS

_______________ & ORS ....... PLAINTIFF/ OPPOSITE PARTY

 

APPLICATION UNDER SECTION 151 OF CPC FOR GRANT OF STAY

TO,

THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON'BLE HIGH COURT OF DELHI.

THE PETITIONERS ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

2. That during the pendency of the suit the opposite party No. 1 moved an application for temporary injunction. Copy of the application for Temporary injunction annexed herewith and marked as Annexure No. P2.

3. That the ___________________Court on the application of the plaintiff opposite party No. 1 appointed a Amin Commissioner to submit its report. The Amin Commissioner submitted report before the Court below on______________

4. That the appellant-applicant on _____________ filed the objection against the application of the plaintiff-opposite party moved for the temporary injunction. Copy of the Objection filed by the Applicant is annexed herewith and marked as Annexure P3.

5. That the case of the appellant-applicant is this that he has been granted patta on ______ 20__ of an area ___ acres of North West portion of plot No. _____.

6. That it is State that the Amin Commissioner submitted its report before the Court below on ______20__. The counsel for the appellant-applicant prayed for time for filing objection against the report of the Amin Commissioner submitted on ______________ but the ______ Court refused to grant time

Specimen Form of a Writ Petition

In the High Court of…………………… at……………………

Civil Original (Extra-ordinary) Jurisdiction

Civil Writ Petition No…………………… of 2018

In the matter of:

JKL S/o………………

R/o…………………… former employee (Inspector Grade-I)

in the Respondent-Company. …Petitioner

1. XYZ Company Ltd., a company wholly owned by the Govt. of India and having its registered office at…………………… through its Chairman.

2. Managing Director of the above Company …Respondent Civil Writ Petition against the order dated…………………… passed by the Managing Director, respondent No. 2 herein, by which the services of the petitioner as an employee of the respondent-company have been terminated. May it please the Hon’ble Chief Justice of the High Court of ………… and His Lordship’s companion Judges.

The Petitioner MOST RESPECTFULLY SHOWETH:

1. That the petitioner is a citizen of India and is therefore entitled to enjoy all the rights guaranteed by the Constitution of India.

2. That respondent No. 1 is a company registered

PUBLIC INTEREST LITIGATION)

 

1 IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. _______ OF 2014

(IN THE MATTER OF PUBLIC INTEREST LITIGATION)

IN THE MATTER OF: ASSOCIATION FOR DEMOCRATIC REFORMS ...PETITIONER VERSUS UNION OF INDIA & ANR. ...RESPONDENTS NOTICE OF MOTION Please take notice that the accompanying Writ Petition will be listed before the Hon‟ble Court on 21.05.2014 at 10:30 A.M. in the forenoon, or so soon thereafter as may be convenient to the Court. Ms. KAMINI JAISWAL ADVOCATE FOR PETITIONER 43, Lawyers Chamber Supreme Court of India New Delhi –110001 Tel.: 23385451 NEW DELHI DATED: 20.05.2014 2 IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. _______ OF 2014 (IN THE MATTER OF PUBLIC INTEREST LITIGATION) IN THE MATTER OF: ASSOCIATION FOR DEMOCRATIC REFORMS ...PETITIONER VERSUS UNION OF INDIA & ANR. ...RESPONDENTS To The Deputy Registrar High Court of Delhi at New Delhi URGENT APPLICATION Sir, Will you kindly treat the accompanying Writ as an urgent one in accordance with the High Court orders and rules, the grounds of urgency are: That by the accompanying Petition the Petitioner is seeking Implementation of the Law Commissions recommendation on the provision to monitor and regulate the Expenditure by the Political parties on and during the election. Since the Lok Sabha Election 2014 has just concluded, the said Implementation is necessary in the larger interest of the People of this Country, thus the present case is urgent. Ms. KAMINI JAISWAL ADVOCATE FOR PETITIONER 43, Lawyers Chamber Supreme Court of India New Delhi –110001 Tel.: 23385451 NEW DELHI DATED: 20.05.2014 3 IN THE HIGH COURT OF DELHI AT NEW DELHI CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. _______ OF 2014 (IN THE MATTER OF A PUBLIC INTEREST LITIGATION) IN THE MATTER OF: ASSOCIATION FOR DEMOCRATIC REFORMS ...PETITIONER VERSUS UNION OF INDIA & ANR. ...RESPONDENTS MEMO OF PARTIES IN THE MATTER OF: Association for Democratic Reforms Through Authorized Representative O/O B-1/6, Hauz Khas, New Delhi – 110016 … PETITIONER VERSUS 1. Union of India Through the Secretary Ministry of Law, Justice and Company Affairs Shastri Bhavan New Delhi 2. The Election Commission of India Through the Chief Election Commissioner Nirvachan Sadan New Delhi … RESPONDENTS Ms. KAMINI JAISWAL ADVOCATE FOR PETITIONER 43, Lawyers Chamber Supreme Court of India New Delhi –110001 Tel.: 23385451 NEW DELHI DATED: 20.05.2015 4 SYNOPSIS That the present Writ Petition under Article 226 of the Constitution of India is being filed, seeking appropriate Writ, Order or Direction for implementation of the Recommendation on the provision to monitor and regulate the Expenditure by the Political Parties, on and during the Election, made by the Law Commission in 170th Report, since the Representation of Peoples Act and the Election Rules, despite said recommendation, lacks such provision and the current political establishment has deliberately not enacted the law as per the recommendation. The Hon‟ble Supreme Court in various judgments including in Association for Democratic Reforms & Anr. [2002 (5) SCC 294] held that in exercise of its powers under Article 324 of the Constitution, the Election Commission would have sufficient power to give effect to the recommendation given by the Law Commission. In sub-para 1 para 46, while summing up the legal and constitutional position, the Hon‟ble Supreme Court stated that: “The jurisdiction of the Election Commission is wide enough to include all powers necessary for smooth conduct of elections and the word “elections” is used in a wide sense to include the entire process of election which consists of several stages and embraces many steps.” Sub para 2 of para 46 is important and the same is quoted below: “The limitation on plenary character of power is when Parliament or State Legislature has made a valid law relating to or in connection with elections, the Commission is

Introduction

Fundamental Rights are contained in Part III of the Indian Constitution including the right to equality, right to life and liberty etc. Merely providing for Fundamental Rights is not sufficient. It is essential that these Fundamental Rights are protected and enforced as well.

To protect Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated. At the same time, the two articles give the right to the highest courts of the country to issue writs in order to enforce Fundamental Rights.

What is a writ?

Fundamentally, a writ is a formal written order issued by anybody, executive or judicial, authorised to do so. In modern times, this body is generally judicial. Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order. Orders, warrants, directions, summons etc. are all essentially writs.

A writ petition is an application filed before the competent Court requesting it to issue a specific writ.

What are the kinds of writs?

Articles 32 and 226 specifically provide for five kinds of writs. These writs are issued in different circumstances and have different implications. They are:

Habeas Corpus

‘Habeas Corpus’ literally means “to have a body of”. This writ is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his

IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015

IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER

VERSUS

UNION OF INDIA & OTHERS … RESPONDENTS WITH C.M. NO. OF 2015 :

Exemption from filing certified, dim, typed & margin copies of documents PAPER BOOK [SEE INDEX INSIDE]

IN THE HIGH COURT OF DELHI AT NEW DELHI (Extraordinary Writ Jurisdiction) WRIT PETITION (C) NO. OF 2015

IN THE MATTER OF A PUBLIC INTEREST LITIGATION SHAMNAD BASHEER … PETITIONER VERSUS UNION OF INDIA & OTHERS … RESPONDENTS INDEX S.NO PARTICULAR(S) PAGE NO 1. Court Fees A 2. Urgent Application B 3. Notice of Motion C 4. Synopsis & List of Dates D – H 5. Memo of Parties I 6. Civil Writ Petition along with affidavit 1 – 36 7. APPENDIX-A: A compendium of relevant provisions of Patents Act, 1970 & Rules 44 - 50 8. APPENDIX-B: Copy of blank FORM-27 as per Schedule II of Patents Rules, 2003 51 9. ANNEXURE P-

1: List of public spirited activities and achievements of the Petitioner 52 – 61 10. ANNEXURE P-2: True copy of SpicyIP Report on ‘The ‘Non-Working’ of the Patent Office ‘Working Requirement!’ (April, 2011) 62 – 84 11. ANNEXURE P-3: Snapshot of online database containing information relating to working of patents as on 11.05.2015 85 12. ANNEXURE P-4: A comprehensive list of patents surveyed by the Petitioner 86 – 94 13. ANNEXURE P-5: Copy of FORM 10CCE as prescribed under Income Tax Act, 1961 & Rules thereunder 95 – 96 14. ANNEXURE P-6 (Colly) (i) True copy of Public Notice (Ref. No. 97 CG/PG/2009/179) dated 24.12.2009 issued by Respondent authorities (ii) True copy of Public Notice (Ref. No. CG/PG/2013/77) dated 12.02.2013 issued by Respondent authorities 98 (iii)True copy of Public Notice (Ref. No. CG/PublicNotice/2015/95) dated 21.01.2015 issued by Respondent authorities 99 15. ANNEXURE P-7: Relevant excerpts from the Annual Report of the Controller General of Patents, Designs, Trademarks and Geographical Indications (2012-13) 100 – 107 16. ANNEXURE P-8: True copy of FORM-27 filings submitted by Ericsson Inc. 108 – 1123 17. ANNEXURE P-9: True copy of FORM-27 filings submitted by Bayer Corporation relating to Patent No. IN21578 124 – 132 18. ANNEXURE P-10: An illustrative list of callous and defective FORM-27 filings by patentees 133 – 134 19. ANNEXURE P-11: Summary of findings of FORM-27 investigations conducted by the Petitioner 135 – 144 20. ANNEXURE P-12 (Colly) (i) True copy of the RTI application dated 06.03.2014 145 (ii) True copy of the reply from Respondent authorities dated 12.03.2014 146 – 147 21. ANNEXURE P-13: Snapshot of the FORM-27 e-filing facility as on 11.04.2015 148 22. ANNEXURE P-14 (Colly) (i) True copy of RTI application filed by Petitioner before IPO, Mumbai dated 10.12.2013 149 – 150 (ii) True copy of RTI application filed by Petitioner before IPO, New Delhi dated 10.12.2013 151 – 152 (iii) True copy of RTI application filed by Petitioner before IPO, Chennai dated 10.12.2013 153 – 154 (iv) True copy of RTI application filed by Petitioner before IPO, Kolkata dated 10.12.2013 155 – 156 (v) True copy of the reply of the CPIO of IPO, Mumbai dated 18.12.2013 157 (vi) True copy of the reply of the CPIO of IPO, Chennai dated 09.01.2014 158 – 159 (vii) True copy of the reply of the CPIO of IPO, Kolkata dated 08.01.2014 160 – 161 23. ANNEXURE P-15 (Colly) (i) True copy of RTI application dated 10.02.2014 162 – 163 (ii) True copy of the reply from Respondent authorities dated 12.02.2014 164 (iii)True copy of RTI application dated 19.01.2015 165 – 166 (iv)True copy of the reply from Respondent authorities dated 06.02.2015 167 24. ANNEXURE P-16: A detailed summary of investigations conducted on anti-cancer drug, Nexavar® (Patent No. IN21578) 168 – 205 25. ANNEXURE P-17: Copy of the submissions made before United States Trade Representative dated 07.02.2014 by Intellectual Property Owners’ Association 206 – 221 VOLUME II & III 26. ANNEXURE P-18: True copies of FORM-27

HC Writ Ex service man extended benefits

 

IN THE HON'BLE HIGH COURT OF TN AT CHENNAI

 

CWP No:_____ of 2004

 

Petitioner

Versus

 

Respondents

 

CIVIL WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR APPROPRIATE WRIT, ORDER OR DIRECTIONS TO THE RESPONDENTS

 

Chennai

 

Petitioner

 

Through, Advocate

Respectfully Sheweth;

 

(1) That your Lordship's humble petitioner is a citizen of India and on the grounds hereinafter mentioned is entitled to file and maintain the present writ petition before this Hon'ble Court.

(1) That __

 

GROUNDS

(2) That the petitioner is invoking the extra-ordinary jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst other each one of which is without prejudice to and independent of other: -

(a) That such an act of omission and commission on the part of the respondent whereby they have __________, is illegal, arbitrary, malafide, discriminatory, and against the well-established principles of natural justice as well as violative of the mandatory provisions of the Constitution of India.

(b) That __ __________________

(c) That the impugned act of the respondent is against the well settled principles of law laid down by the Hon'ble Supreme Court and this Hon'ble court in catena of cases.

 

(3) That the petitioner has no other speedy and efficacious remedy available except to approach this Hon'ble court by way of the present writ petition.

 

(4) That the petitioner has not filed any other writ petition on same or similar grounds either before this Hon'ble court or before the Supreme Court of India.

(5) That the petitioner, therefore, prays that an appropriate writ, order or directions be issued for the following reliefs:-

(a) Quash the impugned order __;

(b) Direct the respondents __

(c) Direct the respondents to produce all the relevant records along with reply for perusal by this Hon'ble court;

(d) Allow the cost of this writ petition to the petitioner, and;

(e) Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the petitioner and justice be done.

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

 

Chennai

 

Applicant

 

Through, Advocate

 

IN THE HON'BLE HIGH COURT OF TN AT CHENNAI

 

CWP No:_____ of 2004

 

Petitioner

Versus

 

Respondents

Affidavit in support of the Civil Writ Petition under Articles 226/227 of the Constitution of India.

I, _____ , do hereby solemnly affirm and declare as under:-

 

1. That the

HC Writ Disability Pension

 

IN THE HON'BLE HIGH COURT OF TN AT CHENNAI

 

CWP No.:______ of 2004

 

Petitioner

Versus

 

Respondents

 

List Of Events

Dates:______

Events :______

Chennai Petitioner

 

:______ Through, Advocate

 

IN THE HON'BLE HIGH COURT OF TN AT CHENNAI

 

CWP No.::______ of 2004

 

Petitioner

Versus

 

Respondents

Civil Writ Petition Under Article 226/227 Of The Constitution Of India For Appropriate Writ, Order Or Directions To The Respondents

 

Chennai

 

Petitioner

 

Through, Advocate

Respectfully Sheweth;

 

1. That your Lordship's humble petitioner is a citizen of India and on the grounds hereinafter mentioned is entitled to file and maintain the present writ petition before this Hon'ble Court.

2. ________________________

3. That the petitioner was enrolled in the Indian Army on _______________ as a ________________. The petitioner was allotted Army No. ________________. The petitioner was initially engaged for _______ years of service and with the passage of time the petitioner would have earned promotion upto the rank of Subedar Major and Honorary ranks and he would have thus served upto 32 years of service in the Army.

4. That the petitioner was undergoing very hard and strenuous basic training successfully and to the entire satisfaction of his superiors and the instructors. The petitioner had all the traits and capabilities of becoming a good soldier and serving the nation. The petitioner had very successfully completed _____ months basic training.

5. That the medical authorities after carrying out investigations diagnosed the disease of the petitioner as _________________ and placed the petitioner in the lower medical category ______ on ______ vide Annexure P-_____________________ and as a result of which the petitioner was invalided out of the Military Service, without offering him an opportunity either to give his willingness or unwillingness for retention in the Army against the sheltered or alternative appointment and show cause against his invalidment out of the service in accordance with the rules and regulations governing the subject matter.

6. That thereafter the petitioner was invalided out of service w.e.f. _________________________ barely after _____ months _____ days of service without paying any invalidment benefits, ie; invalid/disability pension to the petitioner, which is admissible to him under the rules and regulations. The petitioner was intimated to his utmost surprise and dismay by the respondent vide Annexure P-____________________ that he is not entitled to the Disability Pension. The petitioner has thereafter preferred an appeal against the said rejection vide Annexure P-_______________________ which has been acknowledged as having been received by the respondents vide Annexure P-________________. But, unfortunately, the respondents do not seem to be paying any heed towards the representation of the petitioner even after more than _________________________ months have elapsed.

7. That the medical authority vide Annexure P-________________________ has advised the petitioner to take medicines up to ________________ years of service, meaning thereby that the petitioner was fit to be retained in the service and his disease was curable within the period of three years.

8. That the petitioner not feeling satisfied with the findings and recommendations of the military medical authorities got himself checked up at ________________________. The medical authorities has opined that the petitioner has ___________________________, meaning thereby that the petitioner has been cured of the disease and is thus fit to be taken back and retained in the Army. The report of the Medical Authorities of is Annexed as Annexure P-__________________________.

 

GROUNDS

9. That Your Lordship's humble petitioner is invoking the extra-ordinary jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst others, each one of which is without prejudice to and independent of other :-

(a)