H C Arora, Advocate v. Union Of India And Others
Civil Writ Petition PIL No. 241 of 2024 (O&M) Date of Decision: 29.10.2024 H.C.Arora .....Petitioner versus Union of India and others .....Respondents
Present :
Mr. H.C.Arora, Advocate petitioner in person.
Mr. Satya Pal Jain, Addl. Solicitor General of India with Ms. Gurmeet Kaur, Senior Panel Counsel for respondents No.1 to 3 UOI.
Mr. Amandeep S.Talwar, Advocate, for respondent No.4. ****
The present petition filed as a Public Interest Litigation raises a service dispute referring to recovery of commutation amount of retired Judges of the High Court.
2.
Looking to the facts raised and the relief sought, it is obvious that the issue raised in this PIL relates to service dispute. The Apex Court in the cases of Dr. Duryodhan Sahu vs. Jitendra Kumar, (1998) 7 SCC 273; Neetu Vs. State of Punjab, (2007) 10 SCC 614; Dattaraj Nathuji Thaware vs. State of Maharashtra, (2005) 1 SCC 590; and Vishal Ashok Thorat and others vs. Rajesh Shripambapu and others, (2020) 18 SCC 675, has been of consistent view that a service dispute cannot be raised by way of a Public Interest Litigation. The relevant extract of Dattaraj Nathuji Thaware's case (supra) is reproduced hereunder for ready reference:-
RAVINDER KUMAR 2024.11.04 10:54 I attest to the accuracy and integrity of this document
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In view of the above, the petition stands dismissed with liberty to raise individual grievances by the aggrieved person. (SHEEL NAGU) CHIEF JUSTICE (ANIL KSHETARPAL) JUDGE 29.10.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2024.11.04 10:54 I attest to the accuracy and integrity of this document