Khushbu Rana v. Municipal Corporation Of Delhi

$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th February, 2023 + W.P.(C) 2125/2023 SMT. KHUSHBU RANA ..... Petitioner Through:

Mr. Vivek Kumar Gaurav, Advocate.

versus MUNICIPAL CORPORATION OF DELHI ..... Respondent Through:

Ms. Sakshi Popli, Standing Counsel for MCD.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) CM APPL. 8045/2023 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 2125/2023 3.

Present writ petition has been filed by Petitioner seeking the following reliefs:- "I.

Issue a writ in the nature of mandamus or any other appropriate writ/s, order/s, direction/s directing the Respondent to consider and decide the Representation of the Petitioner dated 18.12.2022 thereby directing the Respondent to offer employment on the basis of the compassionate ground and release other consequential benefits. AND;

ii.

Directing the Respondent to decide the Representation of the Petitioner within 15 days with a direction to file compliance report before this Hon'ble Court. And;

iii.

Pass any other or further order/s or direction/s as this Hon'ble Court deems fit and proper be also awarded to the Petitioner and against the Respondents, in the interest of justice." By:KAMAL KUMAR 17:46:16 W.P.(C) 2125/2023 Page 1 of 2

4.

The writ petition cannot be entertained by this Court as it is not maintainable in view of the judgments of the Constitution Bench of the Supreme Court in L. Chandra Kumar v. Union of India and Others, (1997) 3 SCC 261 and this Court in Dr. Arun Kumar Mishra v. Union of India, 2021 SCC OnLine Del 3841 and Dr. Ambika Tyagi v. All India Institute of Medical Sciences and Anr., 2023 SCC OnLine Del 201.

5.

Writ petition is therefore dismissed as not maintainable granting liberty to the Petitioner to approach the Appropriate Forum, in accordance with law.

JYOTI SINGH, J FEBRUARY 17, 2023/rk By:KAMAL KUMAR 17:46:16 W.P.(C) 2125/2023 Page 2 of 2