Kerala High Court
Santhosh V.K vs State Of Kerala on 13 January, 2022
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
WP(C)NO.1015 OF 2022
PETITIONERS:
1 SANTHOSH V.K, AGED 42 YEARS, S/O. NARAYANAN, NARANATHUKANDIYIL, MANIYOOR VILLAGE, KOYILANDI TALUK,
(MUTHUVANA P.O), KOZHIKODE PIN 673 523.
2 DINESAN, AGED 42 YEARS, S/O. GOPALAN, RESIDING AT ERATH, PARAKANDY, MANIYUR, PAYYOLI, KOZHIKODE PIN
673 523.
BY ADVS.ABRAHAM MATHEW (VETTOOR), ADV.ANIL ABEY JOSE
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
DEPARTMENT OF CO-OPERATIVE , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 THE COO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION (CAPE), CO BANK TOWERS,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS DIRECTOR
3 DIRECTOR OF THE CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION (CAPE)
CO-BANK TOWER, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, KERALA
4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM 695 001
5 SALINI S, AGED 38 YEARS, DIALYSIS TECHNICIAN, SAGARA HOSPITAL, COLLEGE RD, PUNNAPRA NORTH,
ALAPPUZHA, KERALA 688 003
6 RAJEEV R, AGED 44 YEARS, DRIVER CUM ATTENDER, SAGARA HOSPITAL, COLLEGE RD, PUNNAPRA NORTH,
ALLAPPUZHA, KERALA 688 003
7 BAIJU G, AGED 52 YEARS, DRIVER CUM ATTENDER, SAGARA HOSPITAL, COLLEGE RD, PUNNAPRA NORTH,
ALAPPUZHA, KERALA 688 003
8 VENU THOMAS, AGED 48 YEARS, ELECTRICIAN CUM PLUMBER, SAGARA HOSPITAL, COLLEGE RD,
PUNNAPRA NORTH, ALAPPUZHA, KERALA 688 003
9 SRI.A.K.SUBRAMANIAN, AGED 52 YEARS, ELECTRICIAN CUM PLUMBER, SAGARA HOSPITAL,
COLLEGE ROAD, PUNNAPRA NORTH, ALAPPUZHA, KERALA 688 003.
10 SMT.SANTHA PAUL, AGED 54 YEARS, HELPER, COLLEGE RD., PUNNAPRA NORTH,
SAGARA HOSPITAL, ALAPPUZHA, KERALA 688 003.
11 SMT.JOMOL K. THOMAS, AGED 55 YEARS, LAB TECHNICIAN, SAGARA HOSPITAL, COLLEGE RD,
PUNNAPRA NORTH, ALAPPUZHA, KERALA 688 003.
12 SMT.SHAMNA RASHEED, AGED 42 YEARS, MEDICAL RECORD KEEPER, SAGARA HOSPITAL, COLLEGE RD,
PUNNAPRA NORTH, ALAPPUZHA, KERALA 688 003.
13 SRI.BINU JOSEPH, AGED 48 YEARS, TRADESMAN-ELECTRICAL, COLLEGE OF ENGINEERING, KIDANGOOR,
KIDANGOOR SOUTH P O, KOTTAYAM 686 583.
14 SMT.AJITHA U, AGED 51 YEARS, TYPIST/CLERK, COLLEGE OF ENGINEERING, TRIKARIPUR, CHEEMENI P O,
KASARGOD 671 313.
15 SMT.BHARATHI A.V., AGED 54 YEARS, SWEEPER, COLLEGE OF ENGINEERING, TRIKARIPUR, CHEEMENI P O,
KASARGOD 671 313.
16 SMT.RAMANI.K., AGED 56 YEARS, SWEEPER, COLLEGE OF ENGINEERING, TRIKARIPUR, CHEEMENI P O,
KASARGOD 671 313.
17 SMT.SUJATHA.L.AGED 58 YEARS, SWEEPER, COLLEGE OF ENGINEERING, PERUMON, PERINAD, KOLLAM 691 601.
18 SMT.JAYASREE KUMARI P, AGED 59 YEARS, SWEEPER, COLLEGE OF ENGINEERING, PERUMON,
PERINAD, KOLLAM 691 601.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)NO.1015 OF 2022
:: 2 ::
JUDGMENT
Dated this the 13th day of January 2022 S.MANIKUMAR, C.J.
Challenge involved in this public interest writ petition is the alleged illegal regularisation of contract labourers in violation of the directions issued by this court and the Hon'ble Apex Court. Reliefs sought for in this writ petition are as follows:
i) issue a writ of mandamus or any other appropriate writ, direction or order, commanding the respondents 2 and 3 to abstain from making any further steps pursuant to Ext.P1 including disbursement of salaries and service benefits to the respondents 5 to18 other than those under the contractual obligations.
ii) issue a writ of mandamus or any other appropriate writ, direction or order, restraining the respondents 1 to 3 from regularizing the services of other contractual employees under the cover of Ext.P1.
iii) issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 and 2 to re-notify the posts created for R5 to R18 in general category in the interest of justice.
2. Petitioners herein are highlighting the steps taken by respondents 1 to 3 [State of Kerala; the Co-operative Academy of Professional Education (CAPE); Director of the Co-operative Academy of Professional Education (CAPE)] the alleged irregular appointment WP(C)NO.1015 OF 2022 :: 3 ::
of the respondents 5 to 18, contractual employees, working under the 2nd respondent who were earlier working under the Co-operative Academy of Professional Education (CAPE).
3. Mr.Abraham Mathew, learned counsel for the petitioners contended that the constitution mandate given to the 1 st respondent/State of Kerala in the matter of appointments is not to make back door entries but to exercise the authority of appointments in a transparent, equitable manner by also giving opportunity to young qualified persons. But in the 2 nd respondent establishment (the Co-operative Academy of Professional Education (CAPE), no steps have been taken till date for regular appointments of the eligible candidates to the post which has now been allotted to respondents 5 to 18. It is also contended that the second respondent has not taken any steps for filling up the vacancies. The persons who are duly qualified are being sent out and the unqualified persons are being appointed by this method.
4. According to the learned counsel for the petitioners, actions of respondents 1 and 3 are without jurisdiction in view of the settled legal positions as has been laid down in Union of India and others v. WP(C)NO.1015 OF 2022 :: 4 ::
A.S.Pillai and others (2010) 13 SCC 448; State of Rajasthan and Others V. Dayalal and others (2011) 2 SCC 429 and Secretary, Ministry of Communications and Others v. Sakkubai and another (1997) 11 SCC
224.
5. Heard learned counsel for the parties and perused the materials available on record.
6. It is trite law that a public interest writ petition filed in service matters, is not maintainable.
7. On the above aspect, let us consider the following decisions of the Hon'ble Supreme Court:
"(i) When maintainability of the public interest writ petition, in service matters, was raised by us, Mr.J.Pooventhera Rajan, learned counsel for the petitioner, relied on a Full Bench judgment of the Punjab and Haryana High Court, in Jaskaran Singh Brar v. State Of Punjab And Ors., [2005 (3) SLJ 354 P & H]. At that juncture, we pointed out to the learned counsel for the petitioner that judgments of other High Courts, do not have any binding effect, more particularly, when the law declared by the Hon'ble Supreme Court, under Article 141 of the Constitution of India, is to the effect that, a public interest writ petition is not maintainable in service matters, he sought for an adjournment.
(ii) Way back in 1998, in Dr. Duryodhan Sahu and others v.
Jitendra Kumar Mishra and others, reported in (1998) 7 SCC 273, the Hon'ble Supreme Court dealt with an issue, as to whether a Public Interest Writ Petition, at the instance of a stranger, could be entertained, by the Administrative Tribunal. After considering the decision in Jasbhai Motibhai Desai v. Roshan Kumar Haji Bashir Ahmed and others (1976) 1.S.C.C. 671, the law declared in Chandra Kumar v. Union of India (1997) 3 SCC 261, and the provisions of the Administrative Tribunals Act, 1985, the Hon'ble Supreme Court held WP(C)NO.1015 OF 2022 :: 5 ::
as follows:-
"18....... Section 3 (b) defines the word 'application' as an application made under Section 19. The latter Section refers to 'person aggrieved'. In order to bring a matter before the Tribunal, an application has to be made and the same can be made only by a person aggrieved by any order pertaining to any matter within the jurisdiction of the Tribunal. We have already seen that the work 'order' has been defined in the explanation to sub-s. (1) of Section 19 so that all matters referred to in Section 3 (q) as service matters could be brought before the Tribunal. It in that context, Sections 14 and 15 are read, there is no doubt that a total stranger to the concerned service cannot make an application before the Tribunal. If public interest litigations at the instance of strangers are allowed to be entertained by the Tribunal the very object of speedy disposal of service matters would get defeated.
19. Our attention has been drawn to a judgement of the Orissa Administrative Tribunal in Smt. Amitarani Khuntia Versus State of Orissa 1996. (1) OLR (CSR)-2. The Tribunal after considering the provisions of the Act held that a private citizen or a stranger having no existing right to any post and not intrinsically concerned with any service matter is not entitled to approach the Tribunal. The following passage in the judgement is relevant:
"....A reading of the aforesaid provisions would mean that an application for redressal of grievances could be filed only by a 'person aggrieved' within the meaning of the Act."
Tribunals are constituted under Article 323 A of the Constitution of India. The above Article empowers the Parliament to enact law providing for adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or any local or other authority within the territory of India or under the control of the Government and such law shall specify the jurisdiction, powers and authority which may be exercised by each of the said Tribunals. Thus, it follows that Administrative Tribunals are constituted for adjudication or trial of the disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts. Its jurisdiction and powers have been well-defined in the Act. It does not enjoy any plenary power."
We agree with the above reasoning.
21. In the result, we answer the first question in the negative and hold that the Administrative Tribunal constituted under the WP(C)NO.1015 OF 2022 :: 6 ::
Act cannot entertain a public interest litigation at the instance of a total stranger."
(iii) In Ashok Kumar Pandey v. State of W.B., reported in (2004) 3 SCC 349, the Hon'ble Apex Court, at paragraphs 5 to 16, held as follows:-
"5. It is necessary to take note of the meaning of the expression "public interest litigation". In Stroud's Judicial Dictionary, Vol. 4 (4th Edn.), "public interest" is defined thus:
"Public interest.--(1) A matter of public or general interest 'does not mean that which is interesting as gratifying curiosity or a love of information or amusement; but that in which a class of the community have a pecuniary interest, or some interest by which their legal rights or liabilities are affected'."
6. In Black's Law Dictionary (6 th Edn.), "public interest" is defined as follows:
"Public interest.--Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Interest shared by citizens generally in affairs of local, State or national Government."
7. In Janata Dal v. H.S.Chowdhary and Others [(1992) 4 SCC 305] the Hon'ble Supreme Court considered the scope of public interest litigation. In para 53 of the said judgment, after considering what is public interest, the Hon'ble Apex Court has laid down as follows:
"The expression 'litigation' means a legal action including all proceedings therein initiated in a court of law with the purpose of enforcing a right or seeking a remedy. Therefore, lexically the expression 'PIL' means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected."
8. In para 62 of the said judgment, it was pointed out as follows:
"Be that as it may, it is needless to emphasise that the WP(C)NO.1015 OF 2022 :: 7 ::
requirement of locus standi of a party to a litigation is mandatory; because the legal capacity of the party to any litigation whether in private or public action in relation to any specific remedy sought for has to be primarily ascertained at the threshold."
9. In para 98 of the said judgment, it has further been pointed out as follows:
"While this Court has laid down a chain of notable decisions with all emphasis at their command about the importance and significance of this newly developed doctrine of PIL, it has also hastened to sound a red alert and a note of severe warning that courts should not allow its process to be abused by a mere busybody or a meddlesome interloper or wayfarer or officious intervener without any interest or concern except for personal gain or private profit or other oblique consideration."
10. In subsequent paras of the said judgment, it was observed as follows:
"It is thus clear that only a person acting bona fide and having sufficient interest in the proceeding of PIL will alone have a locus standi and can approach the court to wipe out the tears of the poor and needy, suffering from violation of their fundamental rights, but not a person for personal gain or private profit or political motive or any oblique consideration. Similarly a vexatious petition under the colour of PIL brought before the court for vindicating any personal grievance, deserves rejection at the threshold."
11. It is depressing to note that on account of such trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of the genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard; yet we cannot avoid but express our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and substantial rights and criminal cases in which persons sentenced to death facing the gallows under untold agony and persons sentenced to life imprisonment and kept in incarceration for long years, persons suffering from WP(C)NO.1015 OF 2022 :: 8 ::
undue delay in service matters -- government or private, persons awaiting the disposal of tax cases wherein huge amounts of public revenue or unauthorized collection of tax amounts are locked up, detenus expecting their release from the detention orders etc. etc. are all standing in a long serpentine queue for years with the fond hope of getting into the courts and having their grievances redressed, the busybodies, meddlesome interlopers, wayfarers or officious interveners having absolutely no real public interest except for personal gain or private profit either of themselves or as a proxy of others or for any other extraneous motivation or for glare of publicity, break the queue muffling their faces by wearing the mask of public interest litigation and get into the courts by filing vexatious and frivolous petitions of luxury litigants who have nothing to lose but trying to gain for nothing and thus criminally waste the valuable time of the courts and as a result of which the queue standing outside the doors of the courts never moves, which piquant situation creates frustration in the minds of the genuine litigants.
12. Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity-seeking is not lurking. It is to be used as an effective weapon in the armoury of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be allowed to be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity-oriented or founded on personal vendetta. As indicated above, courts must be careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. The court must not allow its process to be abused for oblique considerations by masked phantoms who monitor at times from behind. Some persons with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives and try to bargain for a good deal as well to enrich themselves. Often they are actuated by a desire to win notoriety or cheap popularity. The petitions of such busybodies deserve to be thrown out by rejection at the threshold, and in appropriate cases with exemplary costs.
13. The Council for Public Interest Law set up by the Ford Foundation in USA defined "public interest litigation" in its WP(C)NO.1015 OF 2022 :: 9 ::
Report of Public Interest Law, USA, 1976 as follows:
"Public interest law is the name that has recently been given to efforts which provide legal representation to previously unrepresented groups and interests. Such efforts have been undertaken in the recognition that ordinary marketplace for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups and interests include the proper environmentalists, consumers, racial and ethnic minorities and others."
14. The court has to be satisfied about: (a) the credentials of the applicant; (b) the prima facie correctness or nature of information given by him; and (c) the information being not vague and indefinite. The information should show gravity and seriousness involved. Court has to strike a balance between two conflicting interests: (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive actions. In such case, however, the court cannot afford to be liberal. It has to be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the Constitution to the executive and the legislature. The court has to act ruthlessly while dealing with imposters and busybodies or meddlesome interlopers impersonating as public-spirited holy men. They masquerade as crusaders of justice. They pretend to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect.
15. Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice and refuse to interfere where it is against the social interest and public good. (See State of Maharashtra v. Prabhu ((1994) 2 SCC 481 = 1994 SCC (L&S) 676) and A.P. State Financial Corpn. v. Gar Re-Rolling Mills [(1994) 2 SCC 647 = AIR 1994 SC 2151]. No litigant has a right to unlimited draught on the court time and public money in order to get his affairs settled in the manner as he wishes. Easy access to justice should not be misused as a licence to file misconceived and frivolous petitions. [See Buddhi Kota Subbarao (Dr) v. K. Parasaran [(1996) 5 SCC 530 = 1996 SCC (Cri) 1038 = JT 1996 (7) SC 265]. WP(C)NO.1015 OF 2022 :: 10 ::
Today people rush to courts to file cases in profusion under this attractive name of public interest. Self-styled saviours who have no face or ground in the midst of public at large, of late, try to use such litigations to keep themselves busy and their names in circulation, despite having really become defunct in actual public life and try to smear and smirch the solemnity of court proceedings. They must really inspire confidence in courts and among the public, failing which such litigation should be axed with a heavy hand and dire consequences.
16. As noted supra, a time has come to weed out the petitions, which though titled as public interest litigations are in essence something else. It is shocking to note that courts are flooded with a large number of so- called public interest litigations, whereas only a minuscule percentage can legitimately be called as public interest litigations. Though the parameters of public interest litigation have been indicated by this Court in a large number of cases, yet unmindful of the real intentions and objectives, courts at times are entertaining such petitions and wasting valuable judicial time which, as noted above, could be otherwise utilized for disposal of genuine cases. Though in Duryodhan Sahu (Dr) v. Jitendra Kumar Mishra (1998) 7 SCC 273, this Court held that in service matters PILs should not be entertained, the inflow of the so-called PILs involving service matters continues unabated in the courts and strangely are entertained. The least the High Courts could do is to throw them out on the basis of the said decision. This tendency is being slowly permitted to percolate for setting in motion criminal law jurisdiction, often unjustifiably just for gaining publicity and giving adverse publicity to their opponents. The other interesting aspect is that in the PILs, official documents are being annexed without even indicating as to how the petitioner came to possess them. In one case, it was noticed that an interesting answer was given as to its possession. It was stated that a packet was lying on the road and when out of curiosity the petitioner opened it, he found copies of the official documents. Apart from the sinister manner, if any, of getting such copies, the real brain or force behind such cases would get exposed to find out whether it was a bona fide venture. Whenever such frivolous pleas are taken to explain possession, the court should do well not only to dismiss the petitions but also to impose exemplary costs, as it prima facie gives impression about oblique motives involved, and in most cases shows proxy litigation. Where the petitioner has not even a remote link with the issues involved, it becomes imperative WP(C)NO.1015 OF 2022 :: 11 ::
for the court to lift the veil and uncover the real purpose of the petition and the real person behind it. It would be desirable for the courts to filter out the frivolous petitions and dismiss them with costs as aforestated so that the message goes in the right direction that petitions filed with oblique motive do not have the approval of the courts."
(iv) In Dr. B.Singh (Dr.) v. Union of India, reported in (2004) 3 SCC 363, the Hon'ble Supreme Court decided the case on the same lines and held that PIL is not maintainable in service matters.
(v) In Gurpal Singh v. State of Punjab, reported in (2005) 5 SCC 136, the Hon'ble Apex Court held that PIL is not maintainable in service matters. Relevant portion of the said decision is reproduced:
"13. When a particular person is the object and target of a petition styled as PIL, the court has to be careful to see whether the attack in the guise of public interest is really intended to unleash a private vendetta, personal grouse or some other mala fide object. Since in service matters public interest litigation cannot be filed there is no scope for taking action for contempt, particularly, when the petition is itself not maintainable. In any event, by order dated 15.4.2002 this Court had stayed operation of the High Court's order."
(vi) In Indian Consumers Welfare Council v. Union of India and another, reported in 2005 (3) L.W. 522, the abovesaid Council, filed a public interest writ petition, challenging a notification, issued by the 2 nd respondent therein, by which, applications were invited, from degree holders, with degree in education, and consequently, prayed for a direction to the respondent therein, to appoint only those teachers, who were trained in teaching primary sections, for handling classes from 1 st to 7th standards, to the post of Secondary Grade Teachers. Following the decision in Gurpal Singh v. State of Punjab, reported in 2005 J.T. [5] SC 389, a Hon'ble Division Bench of Madras High Court held as under:
"This is a public interest litigation in respect of a service matter. It has been repeatedly held by the Supreme Court that no public interest litigation lies in service matters, the last decision being Gurpal Singh v. State of Punjab, (2005 J.T. [5] SC 389). Accordingly, this writ petition is dismissed."
(vii) In N. Veerasamy v. Union of India, reported in (2005) 2 MLJ 564, while considering a public interest litigation filed by a treasurer of a WP(C)NO.1015 OF 2022 :: 12 ::
political party, praying to take action again Mrs.Lakshmi Pranesh, IAS, the fifth respondent therein, under the All India Services (Discipline and Appeal) Rules, 1969, for allegedly making allegations against a leader of a political party, following the above judgments of the Honourable Apex Court, a Hon'ble Division Bench of this Court held as follows:-
"It is settled law that no writ in the form of public interest litigation will lie under Article 226 of the Constitution in service matters. The petitioner has no locus standi to file the public interest litigation. The extraordinary powers of the High Court under Art.226 of the Constitution in matters of this kind is required to be used sparingly and only in extraordinary cases." "The service matters are essentially between the employer and the employee and it would be for the State to take action under the Service Rules and there is no question of any public interest involved in such matters."
"The petition is not only not maintainable either in law of facts but also would amount to abuse of the process of Court."
(viii) In B.Srinivasa Reddy v. Karnataka Urban Water Supply and Drainage Board Employees Association and others, reported in (2006) 11 SCC 731, at paragraph 61, the Hon'ble Apex Court held that in service matters only the non appointees can assail the legality of the appointment procedure.
(ix) In Neetu v. State of Punjab, reported in (2007) 10 SCC 614, the Hon'ble Apex Court held as follows:-
"The scope of entertaining a petition styled as a public interest litigation, locus standi of the petitioner particularly in matters involving service of an employee has been examined by this court in various cases."
"Referring to the decisions in Dr.Duryodhan Sahu and others v. Jitendra Kumar Mishra and others, reported in 1998 (7) SCC 273 and Ashok Kumar Pandey v. State of W.B reported in (2004 (3) SCC 349), cited supra, the Apex Court held that PIL in service matters has been held as not maintainable."
(x) In Seema Dharmdhere, Secretary, Maharashtra Public Service Commission vs. State of Maharashtra, reported in (2008) 2 SCC 290, the Hon'ble Apex Court restated that PIL is not maintainable in service matters.
WP(C)NO.1015 OF 2022 :: 13 ::
(xi) In Hari Bansh Lal v. Sahodar Prasad Mahto and others, reported in (2010) 9 SCC 655, claiming himself as Vidyut Shramik Leader, a writ petition was filed before the High Court, challenging the appointment of Mr.Hari Bansh Lal, who was appointed, as the Chairman of Jharkand State Electricity Board. The High Court declared that his appointment was not only arbitrary, but also, contemptuous, and ultimately, quashed his appointment, which gave rise to an appeal, before the Apex Court. Addressing the issue, as to whether a public interest writ petition, is maintainable in service matters, following the earlier decisions in Dr.Duryodhan Sahu and others v. Jitendra Kumar Mishra and others, reported in (1998) 7 SCC 273 and Ashok Kumar Pandey v.
State of W.B reported in [(2004) 3 SCC 349] and other decisions, the Hon'ble Supreme Court held as follows:-
"PIL in service matters:
11) About maintainability of the Public Interest Litigation in service matters except for a writ of quo warranto, there are series of decisions of this Court laying down the principles to be followed. It is not seriously contended that the matter in issue is not a service matter. In fact, such objection was not raised and agitated before the High Court. Even otherwise, in view of the fact that the appellant herein was initially appointed and served in the State Electricity Board as a Member in terms of Section 5(4) and from among the Members of the Board, considering the qualifications specified in sub-section (4), the State Government, after getting a report from the vigilance department, appointed him as Chairman of the Board, it is impermissible to claim that the issue cannot be agitated under service jurisprudence.
12) We have already pointed out that the person who approached the High Court by way of a Public Interest Litigation is not a competitor or eligible to be considered as a Member or Chairman of the Board but according to him, he is a Vidyut Shramik Leader. Either before the High Court or in this Court, he has not placed any material or highlighted on what way he is suitable and eligible for that post.
..............
The same principles have been reiterated in the subsequent decisions, namely, Dr. B. Singh v. Union of India and Others, (2004) 3 SCC 363, Dattaraj Nathuji Thaware v. State of Maharashtra and Others, (2005) 1 SCC 590 and Gurpal Singh v. State of Punjab and Others, (2005) 5 SCC
136.
15) The above principles make it clear that except for a WP(C)NO.1015 OF 2022 :: 14 ::
writ of quo warranto, Public Interest Litigation is not maintainable in service matters."
(xii) In Girjesh Shrivastava and others v. State of Madhya Pradesh and others, reported in (2010) 10 SCC 707, appointments were challenged in PIL, on the grounds of contravention of rules, regarding reservation of ex-servicemen. The High Court allowed the writ petition and ordered cancellation of appointments, and dismissed the review petitions also. While considering the issue, as to whether the matter ought to have been taken, as service dispute and not PIL, the Hon'ble Supreme Court, after considering a catena of decisions, at paragraphs 14 to 19 has held as follows:-
"14. However, the main argument by the appellants against entertaining WP (C) 1520/2001 and WP(C) 63/2002 is on the ground that a PIL in a service matter is not maintainable. This Court is of the opinion that there is considerable merit in that contention.
15. It is common ground that dispute in this case is over selection and appointment which is a service matter.
16. In the case of Dr. Duryodhan Sahu and others vs. Jitendra Kumar Mishra and others (1998) 7 SCC 273, a three judge Bench of this Court held a PIL is not maintainable in service matters. This Court, speaking through Srinivasan, J. explained the purpose of administrative tribunals created under Article 323-A in the backdrop of extraordinary jurisdiction of the High Courts under Articles 226 and 227. This Court held "if public interest litigations at the instance of strangers are allowed to be entertained by the (Administrative) Tribunal, the very object of speedy disposal of service matters would get defeated" (para 18). Same reasoning applies here as a Public Interest Litigation has been filed when the entire dispute relates to selection and appointment.
17. In B. Srinivasa Reddy v. Karnataka Urban Water Supply & Drainage Board Employees' Association and others, reported in (2006) 11 SCC 731 (II), the Hon'ble Apex Court held that in service matters only the non-appointees can assail the legality of the appointment procedure (See para 61, page 755 of the report).
18. This view was very strongly expressed by this Court in Dattaraj Nathuji Thaware v. State of Maharashtra and others, reported in (2005) 1 SCC 590, by pointing out that despite the decision in Duryodhan Sahu (supra), PILs in service matters WP(C)NO.1015 OF 2022 :: 15 ::
'continue unabated'. This Court opined that High Courts should 'throw out' such petitions in view of the decision in Duryodhan Sahu (supra) (Para 16, page 596).
19. Same principles have been reiterated in Ashok Kumar Pandey v. State of W.B., reported in (2004) 3 SCC 349, at page 358 (Para 16)."
(xiii) In Soma Velandi v. Dr.Anthony Elangovan, reported in (2010) 4 CTC 8, following Gurpal Singh v. State of Punjab, reported in JT 2005 (5) SC 389, a Hon'ble Division Bench held that PIL is not maintainable in service matters.
(xiv) In Bholanath Mukherjee and others v. Ramakrishna Mission Vivekananda Centenary College and others, reported in (2011) 5 SCC 464, before the Hon'ble Supreme Court, a direction to set aside the appointment of the 3rd respondent therein, as Principal, was sought for, as the 3rd respondent was junior, to them, and did not have the requisite qualification. Reiterating the legal position that PIL is not maintainable in service matters, the Hon'ble Apex Court declined to entertain the challenge to the notices issued to Ramakrishna Mission to reconstitute the committees.
(xv) Though the present writ petition has been filed by a practicing advocate, we wish to incorporate the views of the Hon'ble Apex Court, while entertaining Public Interest Writ Petition, in Ayaaubkhan Noorkhan Pathan v. State of Maharashtra and others, reported in [(2013) 4 SCC 465]. At paragraphs 14 and 15, the Hon'ble Apex Court, observed as follows:
"14. This Court has consistently cautioned the courts against entertaining public interest litigation filed by unscrupulous persons, as such meddlers do not hesitate to abuse the process of the court. The right of effective access to justice, which has emerged with the new social rights regime, must be used to serve basic human rights, which purport to guarantee legal rights and, therefore, a workable remedy within the framework of the judicial system must be provided. Whenever any public interest is invoked, the court must examine the case to ensure that there is in fact, genuine public interest involved. The court must maintain strict vigilance to ensure that there is no abuse of the process of court and that, "ordinarily meddlesome bystanders are not granted a Visa. Many societal WP(C)NO.1015 OF 2022 :: 16 ::
pollutants create new problems of non-redressed grievances, and the court should make an earnest endeavour to take up those cases, where the subjective purpose of the lis justifies the need for it. (Vide: P.S.R. Sadhanantham v. Arunachalam & Anr., AIR 1980 SC 856; Dalip Singh v. State of U.P. & Ors., (2010) 2 SCC 114; State of Uttaranchal v. Balwant Singh Chaufal & Ors., (2010) 3 SCC 402; and Amar Singh v. Union of India & Ors., (2011) 7 SCC 69).
15. Even as regards the filing of a Public Interest Litigation, this Court has consistently held that such a course of action is not permissible so far as service matters are concerned. (Vide: Dr. Duryodhan Sahu & Ors. v. Jitendra Kumar Mishra & Ors., AIR 1999 SC 114; Dattaraj Natthuji Thaware v. State of Maharashtra, AIR 2005 SC 540; and Neetu v. State of Punjab & Ors., AIR 2007 SC 758)"
(xvi) In Vishal Ashok Thorat and Ors. v. Rajesh Shrirambapu Fate and Ors., reported in AIR 2019 SC 3616, the Hon'ble Supreme Court reiterated the settled proposition of law that PIL in service matters is not maintainable."
8. That apart, it could be seen from the materials that persons regularized have been working as typists, technicians, sweepers between 10 to 19 years as their continued services are required. These appointments do not come under the purview of Service Commission. Considering the nature of duties performed by the respondents, length of service, their requirements, social security to the poor and weaker sections of the society and in the light of the above discussion and WP(C)NO.1015 OF 2022 :: 17 ::
decisions, we are not inclined to entertain the instant writ petition claimed as a public interest writ petition.
Writ petition is dismissed.
SD/-
S.MANIKUMAR CHIEF JUSTICE SD/-
SHAJI P. CHALY JUDGE jes WP(C)NO.1015 OF 2022 :: 18 ::
APPENDIX PETITIONERS' ANNEXURES:
EXT.P1: TRUE COPY OF THE ORDER NO.G.O.RT.NO.126/2021-CO-OP PASSED BY THE 1ST RESPONDENT DATED 17-2-2021 WITH ENGLISH TRANSLATION.
EXT.P2: A TRUE COPY OF THE COMMON JUDGMENT PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WPC NO.8143, 14551, 22472 AND 23959 OF 2016 DATED 1.3.2018.
EXT.P3: A TRUE COPY OF THE COMMON JUDGMENT PASSED BY THE DIVISION BENCH OF HON'BLE HIGH COURT OF KERALA IN WA NOS.1063, 1188 AND 2068 OF 2018 DATED 1.8.2019.
EXT.P4: A TRUE COPY OF THE ORDER PASSED IN SLP(C)DIARY NOS.41585 OF 2019 DATED 2.12.2019.
// TRUE COPY // P.S. TO JUDGE