The Madras High Court disposed of a Public Interest Litigation (PIL) filed seeking direction to the respondents to consider the judgment of the Supreme court when considering promotion of employees who have completed B.E/B. Tech and M.E/M. Tech in distance mode.
M.Karpagam , counsel for the petitioner submits that respondents 2 and 3 (Government of Pudhucherry and Principal Secretary, Higher Education Department) may be directed to issue circular/ clarification/order to consider the judgment of the Supreme Court in the case of Orissa Lift Irrigation Corporation Limited v. Rabi Sankar Patro and others, (2018) 1 SCC 468, while considering promotion of employees who have completed B.E./B.Tech. and M.E./M.Tech. in distance mode and pass orders as it may deem fit.
The PIL is filed on the ground that while considering the promotions of employees who have completed B.E./B.Tech. and M.E./M.Tech. in distance mode, the judgment of the Apex Court in Orissa Lift Irrigation Corporation Limited, supra, may be adhered to.
“If the promotional right of any person is affected by the action of the respondents, then the aggrieved party can approach the court. The public interest litigation cannot be filed in service matters and/or in matters affecting the service conditions. The only exception is seeking issuance of a writ of quo warranto” , the Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy observed.
Therefore while disposing of the PIL , the Court said that the aggrieved person can always approach the court if his/her rights of promotion are affected.