No PILS to be filled in Service Matters
Forum of SC and ST legislators and Parliamentarians v. Oil and Natural Gas Corporation, [2017 SCC Online Del 7217, decided on 27.02.2017]
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.
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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