In PIL No. 56/2011, the Nagpur Bench held that Public Interest Litigation would not lie in service matters concerning House Rent Allowance. The court disposed of the plea without noting an interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 10.04.pil.56.11.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
PUBLIC INTEREST LITIGATION NO.56/2011
(Datta Babanrao Borekar vs. State of Maharashtra and others )
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
Mrs. R.S. Sirpurkar, Adv.for petitioner Mr. T.R.Kankale, Additional Govt. Pleader for respondent no.1-State
CORAM : SMT. VASANTI A. NAIK & A.M. BADAR, JJ. DATED : 10th April, 2015.
Heard.
By this petition, the petitioner seeks a direction to the respondent-Zilla Parishad/Panchayat Samiti etc. to make an enquiry in the illegal grant of House Rent Allowance to the primary school teachers and other employees of the Zilla Parishad.
It is stated by the learned counsel for the petitioner that though some of the primary teachers are not residing in the places where they are required to reside, being the headquarters, they are receiving the House Rent Allowance. According to the petitioner, an enquiry needs to be made by the concerned respondents, in regard to the wrongful disbursement of the House Rent Allowance to the Primary School Teachers.
We are of the view that a public interest litigation would not lie in a service matter. The payment of House Rent Allowance to the primary school teachers of the Zilla Parishad is a condition of service of the employees working with the Zilla Parishad. We are unable to gauge the interest of the petitioner in filing the instant Public Interest Litigation.
2 10.04.pil.56.11.
The Public Interest Litigation is, therefore, disposed of,
with no order as to costs.
JUDGE
JUDGE
sahare
1 issue framed by the court
Whether a Public Interest Litigation lies in a service matter regarding the illegal grant of House Rent Allowance to primary school teachers.
Datta Babanrao Borekar
State of Maharashtra
Vasanti A. Naik
A. M. Badar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court