Punjab-Haryana High Court
Haryana Coop. Sugar Mills Officers ... vs State Of Haryana & Ors on 3 August, 2016
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
1
CWP No.4507 of 1997
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 03.08.2016
CWP No.4507 of 1997
Haryana Cooperative Sugar Mills Officers Association (Registered)
...Petitioner
Vs.
State of Haryana & others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. R.K.Malik, Senior Advocate, with
Mr. Ramandeep Singh, Advocate, for the petitioner.
Ms. Shruti Jain Goel, AAG, Haryana.
Ms. Kshitija Mittal, Advocate, for
Mr. Pardeep Solath, Advocate, for respondents No.2 to 12.
RAJIV NARAIN RAINA, J. (ORAL)
Learned counsel for respondents No.3 to 12 submits that the revised pay scales have been granted to the members of the petitioning Association w.e.f. 01.07.2004 as further revised w.e.f. 01.09.2009. Relief which has come to the petitioners' Association is from the respondents and it may be noted that in exercise of original writ jurisdiction, this Court would not have even entertained this petition filed by an Association of Officers of Haryana Cooperative Sugar Mills claiming in prayer (iv) at the foot of the petition that they will be released pay scales on the Uttar Pradesh pattern as per decision dated 03.08.1990 (Annex P-1) and according to their entitlement.
1 of 2 ::: Downloaded on - 10-09-2016 22:08:05 ::: 2 CWP No.4507 of 1997 In writ jurisdiction exercised under Article 226, this Court hears persons aggrieved. An Association of Officers', whether registered or not, with proof or not, cannot be said to be 'person aggrieved'. If the petition is treated as public interest litigation, then it would fail because there is no public interest litigation entertainable in writ proceedings in service matters in view of Duryodhan Sahu (Dr.) Vs. Jitendra Kumar Mishra, (1998) 7 SCC
273. Even the list of the members/officers has not been placed on the file to identify those for whom relief is claimed.
Having said so, the rights of the individual members cannot be taken away by the mere fact that they, or some of them, approached this Court by way of present writ petition. Since learned counsel for respondents No.3 to 12 has already stated that relief has been granted, then in case any further relief is claimable or is disputed, then individual members of the Association would be free to independently take recourse to their legal remedies in accordance with law provided no legal bars have meanwhile come into play or there is law which condones period spent in pursuing the present petition. This liberty will be theirs.
Disposed of accordingly.
[RAJIV NARAIN RAINA]
JUDGE
03.08.2016
Vimal
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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