Court refuses to interfere in service matters, disposes off PIL

In response to a Public Interest Litigation (PIL) seeking directions for recruitment of fresh employees in the government departments according to the pre-amended JK Civil Services Rules, the court today directed that the issue is a service matter and PIL in respect of service matters is not maintainable except quo warranto.
Court refuses to interfere in service matters, disposes off PIL
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In response to a Public Interest Litigation (PIL) seeking directions for recruitment of fresh employees in the government departments according to the pre-amended JK Civil Services Rules, the court today directed that the issue is a service matter and PIL in respect of service matters is not maintainable except quo  warranto.

A Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur closed the proceedings of PIL filed by Vilakshana Singh, General Secretary, Young Panthers J&K National Panthers Party.

The litigant had sought directions to quash the Government Order No.257-F of 2011 dated 27.10.2011 and SRO 332 dated 28.10.2011 and directions for the respondents to recruit the fresh employees in the government departments according to the pre-amended Jammu and Kashmir Civil Services Rules, 2009. 

The litigants also sought directions that the respondents may be directed to release the salaries in accordance with pre-amended Civil Service Rules from the date of respective appointments of all fresh recruits since 27.10.2011.

The Division Bench observed that the petitioner, who is appearing as party in person, submits that the said order has been given prospective effect and for the earlier period the points raised in the writ petition still survive. 

The petitioner is in fact prayed for to pay salary to the persons from the date of initial appointment(s) and not from the date of completion of five or seven years of service. 

The said issue is a service matter and it is well settled law that PIL in respect of service matters is not maintainable except quo warranto, the DB observed. 

Therefore, no further orders are required to be passed in this PIL, it further observed. 

Division Bench further observed that in view of the above, proceedings in this PIL are closed.

However, if any individual is aggrieved of non release of salary in accordance with pre-amended J&K Civil Services (Revised Pay) Rules, it shall be open for them to approach the court. JNF
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