Chhattisgarh State Warehousing Corporation Karmchari Sangh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2939 of 2015

1. Chhattisgarh State Warehousing Corporation Karmchari Sangh Through, The Prantiya Adhyaksha, Deendayal Sahu, S/o Late Banwari Lal Sahu, Aged About 50 Years, Chhattisgarh State Warehousing Corporation, R/o N3, Awanti Vihar, Telibandha, Raipur (Chhattisgarh)

2. Pradeep Swami, S/o Late G. R. Swami, Aged About 52 Years General Secretary, Chhattisgarh State Warehousing Corporation, R/o N-3, Awanti Vihar, Telibandha, Raipur (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through, The Secretary, Food And Civil Supplies Department, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh)

2. Chhattisgarh State Warehousing Corporation, Through, The Managing Director, Chhattisgarh State Warehousing Corporation, N-3 Awanti Vihar, Telibandha, Raipur (Chhattisgarh)

3. Managing Director, Chhattisgarh State Warehousing Corporation, N-3 Awanti Vihar, Telibandha, Raipur (Chhattisgarh)

4. Personal Manager, Chhattisgarh State Warehousing Corporation, N-3 Awanti Vihar, Telibandha, Raipur (Chhattisgarh)

5. Central Warehousing Corporation, Through, Regional Manager, Central Warehousing Corporation, Rawabhatha, Raipur (Chhattisgarh)

6. Mohammad Aaga Husain, Mig-2/293, Hudko Sector, Bhilai, District Durg, Chhattisgarh

7. Smt. Shraddha Jitendra Agrawal, Through Shankar Agrawal, Nutan Chowk, Bhilai-03, District Durg, Chhattisgarh ---- Respondents {Note: Cause title has been reproduced as is available in the CIS Software} For Petitioners :

Shri PP Sahu, Advocate For Respondent-State :

Shri YS Thakur, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra

Order On Board 13/08/2015

1. Petitioner No.1 is the association of the employees working in the Chhattisgarh State Warehousing Corporation (for short 'the Corporation'), whereas petitioner No.2 is the General Secretary of the petitioner No.1 association. They have challenged the appointment of respondents No.6 & 7 on the post of Deputy Manager (Technical) in the establishment of the Corporation.

2. Admittedly, both the petitioners are not personally aggrieved with the appointment, inasmuch as they are not claiming appointment for themselves. In service jurisprudence viz a viz writ jurisdiction, selection of a candidate on a particular post can be challenged by a person who is eligible and competent for the selection, or is otherwise aggrieved for nonadherence to the rules governing the selection process, however, there must be some cause of action personal to the petitioner and not of general nature. (See: Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra and Ors.1)

3. In the considered opinion of this Court, this writ petition is not maintainable as it is not a petition seeking writ of quo warranto.

4. Accordingly, the writ petition is dismissed as not maintainable. Sd/- Judge Prashant Kumar Mishra ashu AIR 2013 SC 58