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PILs Not Maintainable In Service Matters: Delhi HC [Read Judgment]

Apoorva Mandhani
28 Feb 2017 1:12 PM GMT
PILs Not Maintainable In Service Matters: Delhi HC [Read Judgment]
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The High Court of Delhi on Monday remarked that PILs cannot be filed in service matters, while dismissing a Petition filed by a non-legal entity on behalf of employees.

“It is a person who has a locus standi who can approach the Court and not someone else on his behalf, more so in service matters law where it is the law that Public Interest Litigation cannot be filed,” Justice Valmiki J. Mehta observed.

The Court was hearing a Petition, filed by Forum of SC and ST Legislators and Parliamentarians, which had alleged that E-8 Level officers of Oil and Natural Gas Corporation were “illegally not being considered for promotion”.

The Court, however, dismissed the Petition, holding that the Petitioner did not have locus standi, as they were not the persons adversely affected. 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.”

“I may note that under Section 41 (j) of the Specific Relief Act, 1963 injunction cannot be granted to a person who has no personal interest in the matter. Petitioner being only a non-legal person does not have any personal interest, and the personal interest would be of individuals who are employees of respondent no. 1,” it added.

Read the Judgment here.

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