Public Interest Litigation In Service Matters Not Maintainable : Kerala High Court Reiterates

While dismissing a writ petition, the Kerala High Court recently reiterated that Public Interest Litigations (PILs) in service matters are not maintainable. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so while adjudicating upon a plea seeking a direction to the Director of Health Services to take appropriate disciplinary action against C. Jayachandran, a Junior Health Inspector on the basis of certain reports submitted by the District Medical Officer (Health). The petitioner had produced certain documents to show that a newborn had died due to dereliction of duty by the said Health Inspector. The Court then directed the petitioner to offer an explanation as to how he got access to the documents enclosed along with the writ petition. He replied that pursuant to certain queries he made in an application, the documents were furnished by the Right to Information Officer.The Bench, however, noted that this was a PIL registered in a service matter. Reliance was placed on a number of Apex Court decisions to point out that it is a settled law that PIlLs in service matters cannot be encouraged. For instance, in N. Veerasamy v. Union of India [(2005) 2 MLJ 564] it was observed that service matters are essentially between the employer and the employee and it would be for the State to take action under the Service Rules and there is no question of any public interest involved in such matters.The Court further examined another aspect as decided in Dr. Duryodhan Sahu & Ors v. Jitendra Kumar Mishra & Ors where it was held that the Administrative Tribunal constituted under the Act cannot entertain public interest litigation at the instance of a total stranger.This position was reinforced in Ashok Kumar Pandey v. State of W.B whereby it was stated that where the petitioner has not even a remote link with the issues involved, it becomes imperative for the court to lift the veil and uncover the real purpose of the petition and the real person behind it. Accordingly, the Court found it appropriate to dismiss the petition.Senior Advocate Kurian George Kannanthanam and Advocates Tony George Kannanthanam, Thomas George and Alex George appeared for the petitioner. The respondents were represented by Advocates S.V. Premakumaran Nair, R.T Pradeep and Senior Government Pleader K.P Harish. Case Title: R. Ajayakumar v. State of Kerala & Ors.Click Here To Read/Download The Order

Public Interest Litigation In Service Matters Not Maintainable : Kerala High Court Reiterates

Hannah M Varghese

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