WRIT PETITION (mandamus)

 IN THE SUPREME COURT OF INDIA

        CIVIL ORIGINAL JURISDICTION 

   WRIT PETITION (CRIMINAL) NO. … OF 2023..

IN THE MATTER OF:

PETITION FOR WRIT OF MANDAMUS UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA READ WITH ORDER XXXV, RULES 7 & 10 OF SUPREME COURT RULES, 1996

 

      ….. Petitioner

            Versus 

Indian Council of Medical Research             …..Respondent 

To 

The Hon’ble Chief Justice of india and his companion Justices of the Supreme Court of India. 

The humble petition of the     petitioner above named .

MOST RESPECTFULLY SHOWETH

1. That the petitioner is filling the writ petition for the enforcement of the Fundamental Rights under Articles 14 and 16 of the Constitution of India. 

2. That the facts of the present Writ Petition are setout hereunder-

1. That the petitioner who holds a PG Degree in M.Sc

( statistics) in response to the advertisement showing the post of Statistical Assistant for the implementation of the aforesaid task force prepared by the respondent for involving the general public health infrastructure in the prevention and detection of pre-cancer and lesion of the uterin cervix.

1. Therefore the petitioner called for the interview, he was offered appointment vide letter dated 22.06.2020 (a copy of the said letter of appointment is annexed to this petition as Annexure-A) on a pay of Rs. 1400/-p.m.

2. That the petitioner had been working sincerely and satisfactory, no complaint whatsoever against him with the Director, Institute of Cytology & Preventive Oncology, Maulana Azad Medical College, New Delhi.

3. That a meeting of Scientific Advisory Committee Of the Institute of Cytology and Preventive Oncolgy (ICMR) was held on 14.07.2020 (a copy of minutes of meeting is annexed hereby as Annexure-B) in which the problem of those employees whose service has not been regularised was considered. 

4. That after some time recruitment of regular Statistical Assistant was felt that the post must be created. In view of the good service record the petitioner recommended that he must be considered for the post before the termination of the present. 

5. That the copy of the justification for creation of said post of Statistical assistant, as submitted by Assistant Director is annexed as Annexure-C to this petition. That the note put up by the Assistant Director is still pending and the post of Statistical Assistant has not been created, the petitioner submits that since note has already been put up , termination of his service will be arbitrary. 

6. That the petitioner submits that the posts were created on a temporary or ad-hoc basis and were absorbed against the post without any interview , he is entitled to be regularly appointed against the said post.

7. That the petitioner states that he has already spent more than five years with the research centre and has gained sufficient experience , knowledge and posseses the requisite qualification for the same as such services deserves to be regularised. 

8. That the petitioner had a family to support and if the service is terminated he will not be in positionto meet the financial requirement of his family. 

9. That the petitioner files the present Writ Petition, on the following amongst other –

GROUNDS 

1. Because the apprehend termination of petitioners service by the respondent is violative of articles 14 and 16 of the Constitution Of India.

2. Because services of similarly situate temporary and ad-hoc basis have been regularised on the creation of corresponding posts in th I.C.M.R. 

3.  Because the Scientific Advisory Committee has  already considered the problem that their services should be regularised. Hence the termination of petitioner service is violative of the articles 14 and 16 of the Constitution of India . 

PRAYER

1. In the circumstances mentioned above , it is most respectfully prayed that this Hon’ble court may graciously be pleased to – Issue an appropriate writ in the nature of mandamus or     any other appropriate writ, direction or order commanding the respondents to release the petitioner namely ……….. S/o ,…… at present confined in District Jail ……as he has undergone more than 22 years actual imprisonment ; and 

2. Pass any other orders as may be deemed fit and proper in the circumstances of the case. 

For which act of kindness, the petitioner, shall ever as in duty bound pray.

NEW DELHI : DRAWN AND FILED BY 

        FILED ON :…….           Advocate for the petitioner