LAWS(DLH)-2007-12-32

JOINT COORDINATION COMMITTEE OF AGRICULTURAL FINANCE CORPORATION LTD Vs. AGRICULTURAL FINANCE CORPORATION LTD

Decided On December 12, 2007
JOINT COORDINATION COMMITTEE OF AGRICULTURAL FINANCE CORPORATION LTD. OFFICERS ASSOCIATION AND EMPLOYEE Appellant
V/S
AGRICULTURAL FINANCE CORPORATION LTD. Respondents

JUDGEMENT

(1.) THIS writ petition is filed before this Court mainly challenging the appointment of the respondent No. 2 to the post of Deputy General Manager of the Agricultural Finance Corporation Ltd. This petition is filed by way of public interest litigation. None of the petitioners nor the person who has sworn the affidavit is, in any manner, could be said to be personally aggrieved by the aforesaid appointment of the respondent No. 2 to the post of Deputy General Manager. None of the members of the petitioners society nor the person who has sworn the affidavit had applied for being appointed to the aforesaid post. Therefore, in our considered opinion, the petitioners cannot be said to be directly concerned and affected by the appointment of the respondent No. 2.

(2.) WE may, at this stage, refer to the decision of the Supreme Court in Ranjit Prasad Vs. Union of India and others (2000) 9 SCC 313 wherein the Apex Court observed thus:-

(3.) WE may also refer to the decision of the Supreme Court in Dr. Duryodhan Sahu and others Vs. Jitendra Kumar Mishra and others (1998) 7 SCC 273. In the said decision the Supreme Court held that in service matters public interest litigation petition should not be entertained. The aforesaid observations were made in view of the fact that the so-called public interest litigations are continuing unabated in the courts. Service matters are generally private disputes and therefore public interest litigations challenging appointment should not be entertained. The said decision again came to be discussed in the case of Ashok Kumar Pandey Vs. State of W. B. (2004) 3 SCC 349 wherein it was observed thus:-