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GAUHATI HIGH COURT
P.C.Phukan, J.
All Manipur Dic Supervisors Association -Appellant
Versus
State of Manipur -Respondent
Civil Rule No. 1045 of 1994
Decided On : 28-05-1999
WRIT PETITION - MAINTAINABILITY - UNREGISTERED ASSOCIATION - LOCUS STANDI - PUBLIC INTEREST LITIGATION - LITTLE INDIANS - ASSOCIATION CANNOT MAINTAIN WRIT PETITION FOR ENFORCEMENT OF RIGHTS OF ITS MEMBERS - EXCEPTION - PUBLIC INJURY LEADING TO PUBLIC INTEREST LITIGATION - ASSOCIATION HAVING SPECIAL INTEREST IN SUBJECT MATTER - RULES OR REGULATIONS OF ASSOCIATION AUTHORISING IT TO TAKE LEGAL PROCEEDINGS ON BEHALF OF ITS MEMBERS.
Fact of the Case:
The Manipur DIC Supervisors Association, formerly called the Manipur DIC Field Staff Employees' Association, filed a writ petition challenging the government order redesignating the posts of Field Organiser and Economic Surveyor as Supervisor (KVI/Textile/ED). The petitioners argued that the redesignation adversely affected their members' eligibility for promotion to the higher post of Assistant Director (DIC)/Development Officer (DIC).
Finding of the Court:
The court held that the writ petition was not maintainable because the petitioner Association was not a registered body having legal entity. The court noted that an unincorporated association has no legal personality and can only bring legal proceedings in the individual capacity of its members. The court further held that the petitioner Association did not fall within any of the exceptions to the general rule of locus standi, such as where the members of the association are unable to approach the Court due to poverty, disability, or socially or economically disadvantaged position ('little Indians'), or where the case involves public injury leading to public interest litigation and the association has a special interest in the subject matter.
Issues: 1. Whether an unregistered association can maintain a writ petition for the enforcement of the rights of its members? 2. Whether the petitioner Association falls within any of the exceptions to the general rule of locus standi?
Ratio Decidendi: 1. An unregistered association cannot maintain a writ petition for the enforcement of the rights of its members, as distinguished from the enforcement of its own rights. 2. The exceptions to the general rule of locus standi include cases where the members of the association are unable to approach the Court due to poverty, disability, or socially or economically disadvantaged position ('little Indians'), or where the case involves public injury leading to public interest litigation and the association has a special interest in the subject matter.
Final Decision: The court dismissed the writ petition as not maintainable.
Association as well as Mr. T. Nandakumar, learned Advocate General, Manipur for the State respondents.
2. This writ petition under Article 226 of the Constitution has been filed by the Manipur DIC Supervisors Association, formerly called the Manipur DIC Field Staff Employees' Association. DIC stands to District Industries Centre.
3. The petitioner Association's 68 members were initially appointed and designated as Field Organiser (Cottage/Handloom) and Economic Surveyor in the DICs. in the pay scale of Rs. 325-710 per month. There were four other posts, namely, Supervisor (Infrastructure), Supervisor (Credit), Supervisor (Marketing) and Supervisor (Technical) in the DICs.
4. Considering that the DICs Field Organisers and Economic Surveyors on the one hand and Surveyors on the other requiring more or less same essential qualifications, discharge same or similar functions, the respondent No.4 Director of Industries wrote to the respondent No.2, Secretary (Industries) vide Annexure A/1 dated 28.2.83 to convey an approval of the Govt for equalisation of pay scale and status of the Field Organisers, Economic Surveyors and Surveyors. The respondent No.2, in turn made similar request to the respondent No.3 Secretary, Finance (PIC) vide Annexure A/2 dated 19.5.83. PIC stands for Pay Implementation cell.
5. The Finance Department (PIC) by referring to its notification dated 16.6.83 regarding amendment of the Manipur Services (Revision of Pay) Rules, 1982 (ROP 82 in short) issued a corrigendum, Annexure A/3 dated 17.10.87 revising he pay scale of Field Organisers and Economic Surveyors from Rs. 325-710 per month to Rs. 720-1,470 wef 31.3.82 equal to the pay scale of Supervisors.
6. The Finance Department (PIC) issued another order, Annexure A/4 dated 11.3.88 revising the pay scale Rs. 720-1,470 per month to Rs. 1,400-40-1,800-EB-50-2,300 per month as specified in the First Schedule appended to Manipur (Revision of Pay) Rules, 1987 (ROP 87 in short).
7. The Finance Department (PIC) issued a letter Annexure A/6 dated 24.12.91 to the General Manager, DIC that "the employees who were enjoying the scale of pay of Rs. 1,400-2,300 under ROP 87 may continue to elect that scale of pay even after the notification of the ROP 90 if such retention of the scales of pay under the ROP 87 are more beneficial to them”.
8. The petitioner Association submitted representation to the Govt. to redesign ate the post Field Organisers and Economic Surveyors as Supervisor (KVI/Textile/ED on the ground that all the supporting staff of the DIG, namely, Supervisor, Field Organisers and Economic Surveyors have been discharging same or similar functions under the respective Functional/Project Managers and have been enjoying the same pay scale of Rs. 1,400-2,300 per month. The Under Secretary, Industries sent the representation to the Respondent No. 4 Director of Industries to examine the matter and submit a report vide Annexure A/7 dated 2.7.93. The respondent No. 4 submitted a favourable report, Annexure A/ 8 dated 27.8.93 to the Commissioner of Industries stating inter alia, “the proposal when implemented will not cause any financial commitment/involvement. The proposal may, therefore, be considered favourably at the earliest as a measure of streamlining the nomenclatures of the Department.”
9. After exchange of correspondences, ultimately the Commissioner, Industries Department issued the following orders, Annexure A/11 dated 30.12.93.
xxxx xxxxx xxxx
10. Under the relevant Recruitment Rules vide Annexure A/13, the post of Supervisor (DIC) is one of the feeder posts for promotion to the post of Assistant Director (DIQ/Development Officer (DIC). Consequent of redesignation of the post of Field Organiser arid Economic Surveyor as Supervisor (KVI/Textile/ El), the members of the petitioner Association who were initially appointed and designated as Field Organiser and Economic Surveyor had been made el
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