ACCOUNTS EMPLOYEES ASSOCIATION, J&K Vs. STATE OF J&K

JUDGEMENT

(1.) THIS writ petition has been filed by seven persons on their behalf and on behalf of the association called Jammu and Kashmir Accounts Employees Association. Ordinarily those who are alleged to be affected by an official act have to bring legal proceedings in their individual capacity unless they form a legal personality as a collective body. There is no averment even worth the name which would indicate that the association on whose behalf writ is filed is a juristic personality, so much so the association has not sought recognition even from the Government. It is also not a case where Public interests are affected by any state action and fact remains that there is no action which is impugned. It being so the relief cannot be sough, in the name of so called association but the court cannot afford to lose sight of the fact that the petitioners are claiming enforcement of personal and individual rights as well, therefore, the writ petition is treated as joint petition on behalf of the petitioners herein.

(2.) THE petitioners are holding the posts of Assistant Accounts Officers on the establishment of respondent No. 1. It appears that their aspiration to enjoy the perks and status of a gazetted post has tempted them to seek the indulgence of the court for such declaration with a further prayer to place a restraint on the respondents from making the direct recruitment in gazetted service of the department.

(3.) THEY are governed by the service Rules and the mode and method of promotion is prescribed under the Rules which do provide chances of promotion. The plea taken in the writ petition indicates an endeavour on their part to prompt the court to pass direction requiring the Respondent -State to amend the service rules which are applicable to the petitioners.