IMPORTANT POINT
Only individuals personally aggrieved have the right to file writ petitions; service associations cannot represent individual grievances.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer in all the WAs: Writ Appeal filed under Clause 15 of The Letters Patent, praying to set aside the order dated 30.11.2020 made in W.P. Nos. 44342, 44343 & 44344 of 2006 by allowing the same as prayed for and pass such further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

1. The Tamil Nadu Higher Secondary Post Graduate Teachers Welfare Association are the appellant in the three Writ Appeals instituted challenging the common order dated 30.11.2010 passed in batch of writ petitions.

2. The service Association of Government servants maintaining a writ petition regarding the grievances of its members is to be considered at the first instance. The relief sought for in the writ petitions by this Association are to direct the Government Authorities to re-fix the seniority in accordance with law by placing the Post Graduate Teachers placing the members of the petitioner Association, who were appointed through Tamil Nadu Public Service Commission to the post of Post Graduate Assistants. Consequential relief to grant promotion to the post of Headmasters/Headmistress are also sought for in the writ petitions.

3. Fixation or re-fixation of seniority and grant of promotion to the higher cadre are the individual grievances of the employees. In the event of re-fixation of seniority, some of the members of the appellant-Association may be granted promotions, some may not be granted. Even revision of seniority may affect only few members of the Association. This exactly is the reason why the Courts have consistently held that services Association cannot maintain the writ petitions in respect of the individual grievances in service matters. An aggrieved person has to approach the Court of law for redressal of his grievances.

4. The learned Special Government Pleader would rely on the judgment of the Division Bench in W.A. No. 717 of 2005 dated 19.04.2005, wherein the issue regarding maintainability of a writ petition by the Government Employees Association are considered and the relevant paragraphs read as under:

“4. In our opinion, the appellant had no locus-standi to file the writ petition or this writ appeal.

5. A Division Bench of this Court in Formation of Indian Network Marketing Association, Chennai vs. M/s. Apple FMCG Marketing Pvt. Ltd. Chennai and others (Writ Appeal No. 688 of 2005 dated 7.4.2005) has held that such writ appeals are liable to be dismissed on the ground of lack of locus standi (vide paragraphs 6 to 13). In paragraph - 6 of the said judgment it was observed:

“It is well settled that ordinarily a writ petition or writ appeal can only be filed by someone who is personally aggrieved.”

6. In Indian Sugar Mills Association Vs. Secretary to Government, AIR 1951 All 1 a Full Bench of the Allahabad High Court held (vide paragraphs 10 and 11):

“The further argument is that any person, whether his interests are directly affected or not, can file an application challenging any Act of the Legislature or the order of the Government on the ground that it is ultra vires. In this connection we cannot do better than quote the decision of the learned Judges of the Supreme Court of the United States in Commonwealth of Massachusetts V. Andrew W. Mellon, 262 U.S. 447 : 67 Lawyers Edn. 1078, Sutherland, J. who delivered the opinion of the Court quoted with approval the remarks of Thomson, J. with whom Story, J. concurred, which were as follows:

“It is only where the rights of persons or property are involved, and when such rights can be presented under some judicial form of proceedings, that courts of justice can interpose relief.”

Dealing with the question whether a single tax-payer can challenge the enforcement of a Federal Appropriation Act on the ground that it was invalid and would increase the burden of his taxes, the learned Judge observed:

“His interest in the moneys of the treasury-partly realised from taxation and partly from other sources-is shared with mil