In service matters, a Public Interest Litigation is not maintainable.

S.S. SARON, J.

1. The petition has been filed by the petitioner, namely S.S. Sharma, in the nature of a public interest litigation ('PIL'-for short) seeking quashing of the order dated 02.01.2017 (Annexure P-1 colly), whereby the Superintendents Grade-2, working in the Municipal Councils have been promoted as Secretaries and their posting orders have been made by the Secretary, Government of Punjab, Department of Local Government (respondent No. 1). A further prayer has been made for staying the said order (Annexure P-1) and also for staying the order dated 30.01.2017 (Annexure P-2) promoting Junior Engineers (Civil) and other draftsmen working in Municipal Councils have been promoted as Assistant Corporation Engineers during the pendency of the petition. According to the petitioner, the said promotions and transfers in terms of order dated 02.01.2017 (Annexure P-1 colly) have been made in total violation of the Punjab Corporation Act, 1976, and Punjab Municipal Corporation Services (Recruitment and Condition of Services) Amendment Rules, 2015. It is further submitted that the same are also in violation of the decision of this Court in CWP No. 8083 of 1998.

2. The petitioner states that he is a social worker and has been doing many activities for the betterment of the society, therefore, he seeks intervention of this Court by filing the petition.

3. The Registry of this Court on the petition that has been filed raised several objections, which include:

(1) Is the present Public Interest Litigation falling under the Maintainability of Public Interest Litigation Rules, 2010 ('Rules' for short)?

(2) How the present writ (PIL) is maintainable under the 'Rules'?

(3) Writ petition be filed according to the directions passed by a Division Bench of this Court in the case titled Ajaib Singh and another Versus State of Punjab and others, 2013 (4) PLR 367, which is available on the High Court Website.

(4) Petitioner has to specifically disclose his credentials and his direct or indirect personal motive or interest involved in the case, if any, by way of an affidavit.

(5) The Registration Certificate of the society should be filed with the petition.

(6) Income proof of the petitioner should be filed.

(7) Has the petitioner approached the concerned authorities with a representation for redressal of his grievances?

(8) Documentary proof be also attached regarding objection No. to 7 mentioned above, with proper reply.

4. Learned counsel for the petitioner in reply to the same submitted that:

(1) The 'Rules' have been complied with.

(2) The present petition is maintainable as per the 'Rules'.

(3) Directions passed by the Division Bench of this Court have been complied with.

(4) Petitioner has specifically disclosed his credentials and his direct or indirect personal motive or interest involved in the present case by way of an affidavit.

(5) The present petition is filed by an individual.

(6) Income proof of the petitioner has been filed.

(7) Petitioner has approached the respondents by way of filing representation.

(8) Documents have been annexed as Annexure P-5.

5. According to the 'Rules', as per Clause 7, the Registry of the High Court is entitled to verify the antecedents of the persons, Societies or Associations, who invoke jurisdiction of this Court on the cause of public interest. Besides, where the Registry has any doubt on such antecedents, an office note to the said effect is to be made and the Registry is not to accept the petitions, except the petitions which are received by post.

6. In Ajaib Singh's case (supra), a Division Bench of this Court emphasized that the petitioner invoking the PIL jurisdiction of this Court has to specifically disclose his credentials and his direct or indirect personal motive or interest involved in the case, if any, by way of an affidavit. The expression “specifically disclose his credentials”, it was said, must, naturally, imply that he has to set forth what he does for his living, what public interest he has be