ORDER

1. Heard finally.

2. This petition under Article 226 of the Constitution of India has been filed, seeking the following reliefs:

1. The orders impugned Annexure P-1 and P-2 may kindly be quashed.

3. This petition has been filed by an Association through its President Girish Chandra Sharma.

4. By order dated 13.6.2016, targets were fixed for Insurance of the farmers and it was mentioned as under:

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5. It is submitted that by order dated 22.8.2016, notices have been issued to the employees on the ground that they have failed to achieve the minimum targets, therefore, the employees have been called upon to explain as to why their 2 increments be not withheld without cumulative effect.

6. The first question for consideration is that whether the petition filed by the Association for quashment of the notices issued to its members is maintainable or not?

7. The Division Bench of this Court in the case of Prabhat v. Barkatullah University Bhopal and another, reported in ILR 2011 MP 1692 has held as under :

2. A writ petition for enforcement of the rights of its members, as distinguished from the rights of the Association as a body, can be filed by the Association acting through its office bearer or member, whether the Association is registered or unregistered, incorporated or not, only when the Association can satisfy the Court that if an adverse decision is given in that petition all the members of that Association or "Body of Individuals"will be bound by the decision. The reason is, that otherwise, immediately after adverse decision any other member of that Association may come before the Court in an independent writ petition, saying that he has not been heard and he had not authorized such Association or office-bearer or member to represent him in the litigation.

3. Therefore, firstly the members of the Association must be clearly determinate and indentifiable; and secondly either there should be Rules of such Association, or a legally binding special resolution of its general body for such representation in the litigation, so as to bind the members by the decision in such litigation.

8. Since, the present petition has been filed by an Association without there being any resolution to the effect that all the members of the petitioner Association would be bound by the decision, this Court is of the considered opinion, that the petition filed by the Association is not maintainable. It is accordingly dismissed.

9. It is made clear that the dismissal of this petition would not adversely effect the right of an individual to challenge the departmental proceedings.