When PIL is maintainable in Service matters of Govt Employees
General rule is, you cannot file a public interest litigations in service matters like suspension, transfer, terminations etc. The concerned employee himself or herself has to challenge such action.
There are two exceptions to this rule :
1) If a person is appointed without due process of law or if he is not holding required qualification which are required for holding a Govt post which has prescribed qualifications, then any person can file a PIL type Quo Warrantto writ to challenge his appointment.
Upon filing such writ, high court will issue notice to that govt servant to ask him under what authority of law is he holding that post.
2) Second exception is where a whole class of employee is suffering from continuous injustice regarding their service conditions, and where there is no adequate forum to get redressal of injustice, a PIL can be filed.
For example Judges Association Case and Advocate on Record Association Supreme Court Case etc. These related to service conditions and transfers of Judges.
Here, in such PIL, service law environment of an entire class of Govt Servants can be examined by Supreme Court or High Court.
Haresh Raichura
17/8/13
