IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5939/1996 Rajasthan Scheduled Caste Development Cooperative Corporation Karmchari Sangh Vs. Managing Director, Scheduled Caste Scheduled Tribe Corporation, Sahakar Bhawan, Jaipur and Others Date of Order ::: 15.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Ms. Anita Jain, Counsel for petitioner Shri J.K. Singhi, Counsel for respondents #### By the Court:-
Petitioner Rajasthan Scheduled Caste Development Cooperative Corporation Karmchari Sangh has filed this writ petition challenging order dated 15.03.1995 by which one Narender Nirmal, who was Office Assistant, was posted on promotion on the post of Coordination Officer on account of fact that post of Office Assistant was upgraded to that level. The order has been passed individually in favour of one of the employees of Rajasthan Scheduled Caste Development Cooperative Corporation Karmchari Sangh, and Union has question validity of that order. The said employee, who was promoted on account of upgradation of post, is reported to have already retired from service on attaining age of superannuation in 2006.
Shri J.K. Singhi, learned counsel for respondents, cited a division bench decision of this Court in General Insurance Employees Association Vs. General Insurance Corporation of India and Others 2006 (4) RLW 2679, wherein this court held that when a matter concerns with promotion or non-promotion of an individual, only affected employee is entitled to invoke writ jurisdiction of this court and an employees’ association cannot come forward to challenge validity of such order simply because the person promoted thereby, is its member. It was further held that grant of promotion to some and refusal thereof to other is an issue which concerns the employee concerned and if the affected employee chooses not to challenge non-grant of promotion to him, it would mean that he has no grievance and in such a situation why an employees’ association should be permitted to challenge the same by initiating legal proceedings on his behalf.
For the aforesaid reasons, I do not find any merit in the writ petition. It is accordingly dismissed.
(Mohammad Rafiq) J.
//Jaiman//