SC: Absence of Independent Witnesses is Not Fatal if Injured Eyewitness Testimony is Sterling  ||  Supreme Court: Prosthetic Limb Costs Must Be Compensated To Restore Victims’ Dignity  ||  Supreme Court: Probate Can be Revoked For Non-Impleadment of Parties and Suppression of Facts  ||  SC: Plaint Cannot be Rejected For Valuation or Court Fee Defects Without Chance to Rectify  ||  SC Rules Government Grants Act Overrides Rent Law, Sets Aside Eviction Proceeding Against Union Govt  ||  SC: Civil Court Has No Jurisdiction in Boundary Dispute Between Maharashtra Panchayat & Municipality  ||  Allahabad HC: Two Criminal Cases Insufficient to Label a Person as 'Goonda' and Harm Reputation  ||  Bom HC: Sprinkling Mustard Without Ill Intent Before a House is Not an Offence under Black Magic Act  ||  J&K&L HC: Preventive Detention Invalid When Based on Speculative Fear of Election Disturbance  ||  Bombay High Court: POSH Act Penalises False Complaints by Women But Not Those Who Instigate Them    

Forum of SC And ST Legislators And Parliamentarians v. Oil And Natural Gas Corporation Ltd. and Anr. - (High Court of Delhi) (27 Feb 2017)

PIL cannot be filed in service matters

MANU/DE/0523/2017

Service

Instant writ petition is filed by a non-legal person and which is Forum of Schedule Caste and Schedule Tribes Legislators and Parliamentarians. Petitioner pleads that E-8 Level officers of Respondent no. 1/Oil and Natural Gas Corporation (ONGC) are illegally not being considered for promotion by Respondent no. 1.

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 Petitioner, 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 Petitioner to file affidavits or compliance affidavits, etc . 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, it is the law that Public Interest Litigation cannot be filed.

Petitioner has no locus standi because persons who would be affected adversely are the only persons who have locus standi to approach this Court and which individuals are not petitioners in this writ petition. Under Section 41 (j) of 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 personal interest would be of individuals who are employees of Respondent no. 1. High Court dismissed writ petition as petitioner is found not to have locus standi.

Tags : PIL   LOCUS STANDI   SERVICE MATTERS  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved