Point of Law: PIL is not maintainable in service matters. This Court, speaking through Srinivasan, J. explained the purpose of administrative tribunals created under Article 323-A in the backdrop of extraordinary jurisdiction of the High Courts under Articles 226 and 227. This Court held "if public interest litigations at the instance of strangers are allowed to be entertained by the (Administrative) Tribunal, the very object of speedy disposal of service matters would get defeated" (para 18). Same reasoning applies here as a Public Interest Litigation has been filed when the entire dispute relates to selection and appointment

JUDGMENT :

Shamim Ahmed, J.

1. Heard Shri Ali Qambar Zaidi, learned counsel for the petitioner, learned Standing Counsel appearing for the respondents and perused the material placed on record.

2. This Public Interest Litigation (Writ Petition) under Article 226 of the Constitution of India has been filed by the petitioner with the following prayers;

“I. Issue a writ order or direction in the nature of QUO WARRANTO thereby declaring the appointment of respondent no.5 as null and void and directing the State to remove respondent no.5 from the office of stenographer at Zila Panchayat, Muzaffarnagar;

II. Issue a writ, order or direction in the nature of MANDAMUS thereby directing the State to terminate the services of respondent no.5 with immediate effect and issue fresh advertisements as prescribed by the relevant service rules;

III. Issue a writ, order or direction in the nature of MANDAMUS thereby directing the State to constitute a high level committee to enquire into the matter of illegal appointment of respondent no.5 to the post of stenographer at Zila Panchayat, Muzaffarnagar;

IV. Issue a writ, order or direction in the nature of MANDAMUS thereby directing the State to take appropriate action, penal or otherwise against such persons who are found complicit in the illegal appointment of respondent no.5;

V. Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper having regard to the facts and circumstances of the case AND

VI. award cost of the petition to the petitioner.

3. This Public Interest Litigation (Writ Petition) has been filed by the petitioner who is a member of Zila Panchayat, Muzaffarnagar and was elected from Khatauli Block. The petitioner made an averments in the writ petition that being a public representative , the petitioner is bound to discharge her duty with utmost sincerity and vigilance and to put forth any misdoing or corrupt practice before the concerned appropriate authority. The petitioner believes that if on the basis of material on record, the appointment assailed in the present petition is cancelled by this Hon'ble Court then it would open way for fresh recruitment which in turn would benefit bonafide aspirants. He further submits that by way of present PIL, the petitioner seeks to highlight complete disregard to the existing laws, rules and guidelines with respect to an appointment made at the office of Zila Panchayat, Muzaffarnagr. The petitioner seeks to invite the attention of this Hon'ble Court towards the appointment of Respondent NO.5 who, over a period of time, has been regularized on the permanent post of stenographer. Not only the existing rules with respect to appointment on such post were deliberately flouted by the Zila Panchayat (respondent No.3) but also the orders/directions of the State Government were maliciously interpreted to extend unjust benefits to respondent No.5.

4. Learned counsel for the petitioner further made averments in the writ petition that respondent No.5 Shri Akshay Kumar Sharma got compassionate appointment as Grade II clerk on 15.12.1993 at Zila Panchayat, Muzaffarnagar in furtherance of order passed the then District Magistrate/Zila Panchayat Adhyaksha.

5. Further vide order dated 3.12.2002, the AMA-Zila Panchayat issues an appointment letter to respondent no.5 at the post of stenographer on ad-hoc and temporary basis. No selection committee was constituted for the purpose of this appointment, which was made by the order of Adhyaksha, Zila Panchayat. This appointment order was totally contrary to the directions given by the government on 2.11.2002.

6. Upon perusal of the averments made in the public interest litigation and documents appended thereto, the petitioner seeks direction declaring the appointment of respondent no.5 as null and void and directing the State to remove respondent no.5 from the office of Stenographer at Zila Panchayat, Muzaffarnagar.

7. When maintainability of the present public interest litigation (writ petition), in