GOUTAM SINGH Vs. CENTRAL COALFIELDSLTD

JUDGEMENT

(1.) As in both these appeals, the question involved is the same, namely, the quantum of Court fee to be paid in a writ petition filed under Article 226 of the Constitution of India by more than one person, they were heard together and are being decided by this common judgment.

(2.) Six appellants in L.P.A. No. 47/99R along with 17 others filed a writ petition being C.W.J.C. No. 2814/98R with one set of Court fee before this Court seeking appropriate writ or direction upon the respondents to reinstate them, regularize their services and pay them salary at par with the other regular employees working under the Central Coalfields Ltd. There was also prayer for payment of back wages upon their reinstatement in service. On an objection being raised regarding deficiency of Court fee, a learned Single Judge, vide order dated 25.1.99, held that the petitioners therein are to pay separate Court fee for their separate reliefs. As regards payment of Court fee by such petitioners who are members of the Scheduled Caste, the learned Judge observed that they should apply to the Legal Aid Committee for, exemption from payment of Court -fees. Being aggrieved by the order of the learned Single Judge, the six out of 23 writ petitioners have filed this appeal under Clause 10 of the letters patent.

(3.) L.P.A No. 100/99R has been filed by 7 persons who filed the writ petition being C.W.J.C. No. 22/99R with one set of Court fee seeking appropriate writ or direction upon the respondents to permit them to sit at the supplementary examination of 1998 years of B.Sc. (Engineering) of the first year in separate branches namely Mechanical, Civil, Electrical and Electronics courses which was to commence from 12.1.99. In this petition also, an objection was raised regarding deficiency of Court fees. The learned Single Judge vide order dated 28.1.99 upheld the objection holding that the petitioners for to deposit separate sets of Court fees. Being aggrieved by the said order of the learned Judge, they have filed this appeal under clause 10 of the letters patent.