High Court of Delhi

Forum of SC And ST Legislators And Parliamentarians v. Oil And Natural Gas Corporation Ltd. and Anr.

MANU/DE/0523/2017

27.02.2017

Service

PIL cannot be filed in service matters

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

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