Gauhati High Court
All Assam Tribal Sangha & Anr vs The State Of Assam And Ors on 3 March, 2014
Author: A.K. Goswami
Bench: A.K. Goswami
PIL No.2 of 2011
BEFORE
HON'BLE THE CHIEF JUSTICE MR. A.M. SAPRE
HON'BLE MR. JUSTICE A.K. GOSWAMI 03-03-2014 (A.M. Sapre, C.J.) Heard Mr. J. Ahmed, learned counsel for the petitioners and Mr.P. Roy, learned Additional Advocate General, Assam.
Having heard learned counsel for the petitioner and on perusal of the records of the case, we are inclined to dispose of this PIL with liberty to the individual in-service candidates belonging to various reserved categories to raise their individual grievances with respect to their promotion etc. based upon filling up of backlog vacancies etc. in a particular Department of the State in appropriate fora.
Indeed, this Court will then be in a position to examine the same properly in the context of individual grievance of in- service candidate belonging to reserved categories of cases, but not in a PIL filed by an Association in its representative capacity.
Even otherwise, in service jurisprudence, it is the affected individual employee who can be allowed to raise his personal grievance with respect to his service benefits against the Government and it is for this reason we leave this question open for being decided individually in his petition depending upon his individual grievance.
Without, therefore, expressing any opinion on merits and demerits for which this PIL is filed and with these observations we decline to entertain this PIL and dismiss the same as being misconceived so far the relief claimed in this petition is concerned.
No cost.
JUDGE CHIEF JUSTICE
ISINGH
Page 1 of 1