No PILS to be filled in Ser­vice Mat­ters

Libertatem Magazine - - Contents - by Swar­nalee Hal­dar

CASE

Fo­rum of SC and ST leg­is­la­tors and Par­lia­men­tar­i­ans v. Oil and Nat­u­ral Gas Cor­po­ra­tion, [2017 SCC On­line Del 7217, de­cided on 27.02.2017]

FACTS

A PIL has been sought by Fo­rum of SC and ST leg­is­la­tors and Par­lia­men­tar­i­ans- a non le­gal en­tity be­fore the Delhi High Court al­leg­ing that E-8 level of­fi­cers of Oil and Nat­u­ral Gas Cor­po­ra­tion (ONGC) are il­le­gally not be­ing con­sid­ered for pro­mo­tion.

HELD

The Court held that since Fo­rum of SC and ST leg­is­la­tors and Par­lia­men­tar­i­ans is an il­le­gal en­tity it does not have any per­sonal in­ter­est, and the per­sonal in­ter­est would be of in­di­vid­u­als who are em­ploy­ees of re­spon­dent. Ac­cord­ingly, the writ pe­ti­tion was dis­missed for lack of lo­cus standi. Fur­ther the Court stated that in case some per­sons are not be­ing con­sid­ered for pro­mo­tion, then only such per­sons have lo­cus standi to ap­proach the Courts with their griev­ance. It also stated that some­one else can’t ap­proach the Court on their be­half es­pe­cially, in ser­vice mat­ters. For this, the Court re­lied on Bholanath Mukher­jee v. Ra­makr­ishna Mis­sion Vivevkananda Cen­te­nary Col­lege, (2011) 5 SCC 464 in which the Supreme Court had held that in ser­vice mat­ters a Pub­lic In­ter­est Lit­i­ga­tion pe­ti­tion does not lie. The Court thereby ob­served, “In case cer­tain em­ploy­ees are il­le­gally not be­ing con­sid­ered for pro­mo­tion, then only such per­sons have lo­cus standi to ap­proach the Court and not a non-le­gal per­son/en­tity be­ing the pe­ti­tioner, inas­much as, in­di­vid­ual per­sons of a non-le­gal en­tity such as the pe­ti­tioner can claim that they would not be bound by a judg­ment in this case and nor can this Court is­sue di­rec­tions to in­di­vid­ual mem­bers of the pe­ti­tioner to file af­fi­davits or com­pli­ance af­fi­davits, etc etc. The writ pe­ti­tion is dis­missed as pe­ti­tioner is found not to have lo­cus standi. Lib­erty is granted, how­ever, for those per­sons who would be di­rectly af­fected to ap­proach this Court by fil­ing an ap­pro­pri­ate writ pe­ti­tion or such per­sons may file ap­pro­pri­ate in­de­pen­dent pro­ceed­ings.

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