Law Students Organisation (T.No.533/10) v. The Resident Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 29110 of 2015 (S) ---------------------------- PETITIONER :

--------------------- LAW STUDENTS ORGANISATION (T.NO.533/10) CHANJAM VEEDU, AVENNUE MALLOOR ROAD, VANCHIYOOR TRIVANDRUM, PIN - 695 035 REPRESENTED BY ITS SECRETARY PADMAJA DEVI, AGED 50 D/O. SANTHAKUMARI AMMA.

BY ADVS.SRI.M.DINESH SRI.R.SANTHOSH (VARKALA) SRI.AUM MANGALASSERRY RESPONDENT(S) :

---------------------------- 1.

THE RESIDENT COMMISSIONER GOVERNMENT OF KERALA, KERALA HOUSE TRAVANCORE PALACE, KG MARG NEW DELHI - 110 001.

2.

THE SECRETARY DEPARTMENT OF GENERAL ADMINISTRATION (POLITICAL DEPARTMENT) STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3.

THE CONTROLLER KERALA HOUSE, TRAVANCORE PALACE KG MARG, NEW DELHI - 110 001.

4.

STATE OF KERALA REPRESENTED BY CHIEF SECRETARY STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY ADDL. ADVOCATE GENERAL SRI.BABU VARGHESE BY SR. GOVT. PLEADER SRI. VIJU ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 29110 of 2015 (S) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : THE NOTICE NO. 946/RC2/2014 DATED 5.9.2014 CONTAINING THE DRAFT LIST OF THE DAILY WAGES EMPLOYEES.

EXT.P2 COPY OF THE CHART.

EXT.P3 COPY OF THE G.O.(MS) NO. 209/81/GAD DATED 30.6.1981. EXT.P4 COPY OF THE G.O.(MS) NO. 360/04 GAD DATED 22.12.2004. EXT.P5 COPY OF THE SAID G.O.(MS) NO. 5/2006/TSM DATED 4.1.2006. EXT.P6 COPY OF THE APPLICATION FILED UNDER RTI ACT.

EXT.P7 REPLY LETTER DATED 16.6.2015 AS PER RTI ACT.

EXT.P8 COPY OF THE G.O.(MS) NO. 112/2012/GAD DATED 17.5.2012. EXT.P9 COPY OF THE G.O.(MS) NO. 180/2013/GAD DATED 20.6.2013. EXT.P10 COPY OF THE LETTER NO. 251/C3/14/KH DATED 31.1.2014. EXT.P11 COPY OF THE AFORESAID G.O. (MS) NO. 241/2015/GAD DATED 19/9/2015.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.29110 of 2015 ---------------------------------------- Dated this the 28th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner. 2.

This writ petition has been filed as a public interest litigation inter alia praying for quashing Ext.P1, a draft list of daily wage employees working in various offices under the administrative control of the Resident Commissioner, Kerala House, New Delhi. In essence, the writ petition raises issues pertaining to service matters.

3.

It is well settled that public interest litigation should not be entertained in service matters and the parties should be left to agitate their rights in accordance with law. We are of the view that this writ petition which raises service matter cannot be entertained as a public interest litigation and hence the writ petition is dismissed.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr/28/09/2015