PIL on service rule rejected in TN

The Madras High Court Bench here has rejected a plea to declare a provision in the Tamil Nadu State and Subordinate Service Rules, which stipulated that government servants would not be considered for promotiion even if they obtained stay from court on disciplinary proceedings against them, as unconstitutional.

Madurai: The Madras High Court Bench here has rejected a plea to declare a provision in the Tamil Nadu State and Subordinate Service Rules, which stipulated that government servants would not be considered for promotiion even if they obtained stay from court on disciplinary proceedings against them, as unconstitutional.

A division bench comprising Justice S Manikumar and Justice V S Ravi dismissing a PIL last evening said "PILs could not be filed in matters relating to government service as per Supreme Court rulings."

The Judges pointed out that the apex court had had observed that in service matters PILs should not be entertained.

"The High Courts could throw them out on the basis of the said Supreme Court decision", the judges said, adding, "this tendency is being slowly permitted to percolate for setting in motion criminal law jurisdiction, often unjustifiably just for gaining publicity and giving adverse publicity to their opponents. It would be desirable for the courts to filter out frivolous petitions and dismiss them with costs."

In the Ayaaubkhan Noorkhan Pathan versus state of Maharashtra case in 2013 too the Supreme Court had held that such a course of action is not permissible so far as service matters are concerned, the judges said.

The decisions pronounced by the Supreme Court alone were binding on the High Courts under Article 141 of the Constitution, the judges said rejecting the judgement of Punjab and Haryana High Court cited by the petitioner.