S. Manickam v. Commissioner, Hindu Religious & Charitable Endowments Department
2012-01-30
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner, byclaiming to be the President of the Poojari Association, has challenged the impugned order, passed by the respondent no.1, in rejecting the representation filed by the petitioner. 2. The Executive Officer / the respondent no.2 appointed Archagar in the temple on adhoc basis for a period of six months and the appointment is being extended from time to time for further period of six months, awaiting approval by respondent no.2, to fill up the post on regular basis. 3. The petitioner, being aggrieved by the action of respondent no.2, filed representation with respondent no.1, claiming therein that the posts of Poojari and Archagar are two different posts, therefore, respondent no.2 be directed to fill up the posts on regular basis. 4. This Court, on earlier occasion without going into the merits of controversy, disposed of W.P.No.11279 of 2011, by directing respondent no.1 to dispose of the representation filed by the petitioner dated 07.05.2011 by passing necessary orders thereon. It is in pursuance to the order passed by this Court, that the impugned order has been passed, rejecting the representation of the petitioner. 5. Learned counsel for the petitioner vehemently contends that the impugned order cannot be sustained, being arbitrary and without jurisdiction and also being violative of principles of natural justice. The contention of the learned counsel for the petitioner, is that the impugned order is contrary to the earlier direction issued. The respondent no.3 / Temple has appointed only Poojari. Whereas worship is to be done by Archagars, therefore, the impugned order cannot be sustained. 6. On consideration, I find that the writ petition is totally misconceived. It is now well settled principles of law that there can be no Public Interest Litigation, in service matters, and only the person, aggrieved by the service condition can approach this Court. 7. The petitioner, claiming himself to be the President of Poojari Association, has no locus standi to challenge the appointment of Poojaris or Archagars. 8. Even otherwise, the writ petition is misconceived, as the order passed is for appointment of Poojaris on adhoc basis pending sanction of posts in accordance with law, it is only thereafter that the posts can be filled up after following due process of law by giving opportunity to all eligible persons. 9.
8. Even otherwise, the writ petition is misconceived, as the order passed is for appointment of Poojaris on adhoc basis pending sanction of posts in accordance with law, it is only thereafter that the posts can be filled up after following due process of law by giving opportunity to all eligible persons. 9. The impugned order is strictly in consonance with law, specially when the petitioner has not been able to draw any distinct between Poojari and Archargar. 10. Consequently, finding no merits in this writ petition, it is order to be dismissed. No costs. Connected miscellaneous petition is closed.