Congress Association And Another vs Union Of India And Others
2022 Latest Caselaw 4706 Cal

27   25.07.2022
      PA(SS)

                                   WPA(P) 218 of 2022
                      The Employees Association of The Indian Science
                            Congress Association and Another
                                           vs.
                                Union of India and Others

                                (Through Video Conference)



                          Mr. Raghunath Chakraborty,
                          Ms. Ira Ghosh,
                          Mr. Md. Apzal Ansari, Advocates
                                               ... for the petitioners
                          Mr. Falguni Bandyopadhyay,
                          Ms. Riya Ballav, Advocates
                                         ... for the respondent Nos. 2 to 6

By this petition the petitioner which is an

employees association has challenged the memorandum

dated 02.11.2021 issued by the respondent No. 2 the

Indian Society Congress Association (ISCA) finding the

alleged violation of the CCS (Conduct) Rules and other

GOI by one Shri Santu Kumar Ghosh and calling upon

him to explain as to why disciplinary action be not

initiated against him for the lapses mentioned in the said

memorandum. The petitioner has also challenged the

circular of the respondent No. 2 dated 03.12.2021

wherein a lenient view has been taken and it has been

mentioned that the request of the several members of the

ISCA will be considered amicably provided individual

request/redress is received with specific issue to be

discussed with whom the discussion is required to be

held.

A perusal of the petition reveals that the

petitioners' employees association has several grievances

against the employer respondent No. 2 such as non-

payment of salary for the month of April, 2021, non-

implementation of various rules, allegation of using

abusive language during the meeting, issuance of show

cause notices to the members and the staff and non-

cooperation in organizing the blood donation camp, etc.

A perusal of the petition reveals that the petitioners are

raising service dispute in the public interest petition

which is not permissible in view of the judgments of the

Hon'ble Supreme Court in the matter of Hari Bansh Lal

vs. Sahodar Prasad Mahto and Others reported in

(2010) 9 SCC 655, in the matter of Ayaaubkhan

Noorkhan Pathan vs. State of Maharashtra and

Others reported in (2013) 4 SCC 465 and in the matter

of Vishal Ashok Thorat and Others vs. Rajesh

Shrirambapu Fate and Others reported in 2019 SCC

OnLine SC 886.

Hence, the petitioners cannot be permitted to

raise the issue relating to service matter in a public

interest petition, therefore, the petition is dismissed.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj, J.)