PUBLIC INTEREST LITIGATION

[PM]

For Information,

 Dear Friends,

                                  In our anxiety to get resolved retirees  long pending genuine demands and issues we are looking forward and trying  each and every avenues to sort out the issues without delay. On earlier occasions also some of the retiree friends have tried such routes anticipating instant results. Under this back drop let us have a look at how our Apex court deals with such subject in accordance with  guidelines framed for the purpose.

'PUBLIC INTEREST LITIGATION

Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as 'Public Interest Litigation' and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction. A Writ Petition filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. In case of a letter  addressed to Hon'ble the Chief Justice of India the same is dealt with in accordance with the guidelines framed for the purpose.

SUPREME COURT OF INDIA COMPILATION OF GUIDELINES TO BE FOLLOWED FOR ENTERTAINING LETTERS/PETITIONS RECEIVED IN THIS COURT AS PUBLIC INTEREST LITIGATION. (Based on full Court decision dated 1.12.1988 and subsequent modifications).

No petition involving individual/ personal matter shall be entertained as a PIL matter except as indicated hereinafter.

 Letter-petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:-

 1. Bonded Labour matters.

2. Neglected Children.

 3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases).

4. Petitions from jails complaining of harassment, for (pre-mature release)* and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right. *$ Petitions for premature release, parole etc. are not matters which deserve to be treated as petitions u/Article 32 as they can effectively be dealt with by the concerned High Court. To save time Registry may simultaneously call for remarks of the jail Superintendent and ask him to forward the same to High Court. The main petition may be forwarded to the concerned High Court for disposal in accordance with law. Even in regard to petitions containing allegations against Jail Authorities there is no reason why it cannot be dealt with by the High Court. But petitions complaining of torture, custody death and the like may be entertained by this Court directly if the allegations are of a serious nature.

(5) Petitions against police for refusing to register a case, harassment by police and death in police custody.

 (6) Petitions against atrocities on women, in particular harassment of bride, brideburning, rape, murder, kidnapping etc. + In such cases where office calls for police report if letter petitioner asks for copy the same may be supplied, only after obtaining permission of the Hon'ble Judge nominated by the Hon'ble Chief Justice of India for PIL matters. ---------------------------------------------------------------------------------------------------------

$ Added based on Order dated 19.8.1993 of the then Chief Justice of India. -2-

 (7) Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes. (8) Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.

 (9) Petitions from riot -victims.

(10) Family Pension.

 All letter-petitions received in the PIL Cell will first be screened in the Cell and only such petitions as are covered by the above mentioned categories will be placed before a Judge to be nominated by Hon'ble the Chief Justice of India for directions after which the case will be listed before the Bench concerned. If a letter-petition is to be lodged, the orders to that effect should be passed by Registrar (Judicial) (or any Registrar nominated by the Hon'ble Chief Justice of India), instead of Additional Registrar, or any junior officer. To begin with only one Hon'ble Judge may be assigned this work and number increased to two or three later depending on the workload. *Submission Notes be put up before an Hon'ble Judge nominated for such periods as may be decided by the Hon'ble Chief Justice of India from time to time.

 **If on scrutiny of a letter petition, it is found that the same is not covered under the PIL guidelines and no public interest is involved, then the same may be lodged only after the approval from the Registrar nominated by the Hon'ble the Chief Justice of India. **It may be worthwhile to require an affidavit to be filed in support of the statements contained in the petition whenever it is not too onerous a requirement.

------------------------------------------------------------------------------------------------

+ Added as per Order dated 29.8.2003 of the Hon'ble Chief Justice of India.

* As per Order dated 29.8.2003 of the Hon'ble the Chief Justice of India. -3-

**The matters which can be dealt with by the High Court or any other authority may be sent to them without any comment whatsoever instead of all such matters being heard judicially in this Court only.

Cases falling under the following categories will not be entertained as Public Interest Litigation and these may be returned to the petitioners or filed in the PIL Cell, as the case may be:

(1) Landlord-Tenant matters.

(2) Service matter and those pertaining to Pension and Gratuity.

 (3) Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above.

 (4) Admission to medical and other educational institution.

 (5) Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

In regard to the petitions concerning maintenance of wife, children and parents, the petitioners may be asked to file a Petition under sec. 125 of Cr. P.C. Or a Suit in the Court of competent jurisdiction and for that purpose to approach the nearest Legal Aid Committee for legal aid and advice.

___________________________________________________

 ** Modified keeping in view the directions dated 29.8.2003 of the Hon'ble Chief Justice of India.'

 

[R.K. Pathak]

The information was already published on the blog ob 15/07/2015

Dear Pensioners and Retirees,

In the context of filing of PUBLIC INTEREST LITIGATION [ PIL] in Supreme Court, I only request all of you to have look at " GUIDELINES TO BE FOLLOWED FOR ENTERTAINING LETTERS/PETITIONS RECEIVED IN THIS COURT AS PUBLIC INTEREST LITIGATION" as under:-

 SUPREME COURT OF INDIA COMPILATION OF GUIDELINES TO BE FOLLOWED FOR ENTERTAINING LETTERS/PETITIONS RECEIVED IN THIS COURT AS PUBLIC INTEREST LITIGATION.

(Based on full Court decision dated 1.12.1988 and subsequent modifications).

No petition involving individual/ personal matter shall be entertained as a PIL matter except as indicated hereinafter:-.

Letter-petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:-

1. Bonded Labour matters.

2. Neglected Children.

3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases).

4. Petitions from jails complaining of harassment, for (pre-mature release)* and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.

 

*$ Petitions for premature release, parole etc. are not matters which deserve to be treated as petitions u/Article 32 as they can effectively be dealt with by the concerned High Court. To save time Registry may simultaneously call for remarks of the jail Superintendent and ask him to forward the same to High Court. The main petition may be forwarded to the concerned High Court for disposal in accordance with law.

Even in regard to petitions containing allegations against Jail Authorities there is no reason why it cannot be dealt with by the High Court. But petitions complaining of torture, custody death and the like may be entertained by this Court directly if the allegations are of a serious nature.

5) Petitions against police for refusing to register a case, harassment by police and death in police custody.

6) Petitions against atrocities on women, in particular harassment of bride, brideburning, rape, murder, kidnapping etc.

+ In such cases where office calls for police report if letter petitioner asks for copy the same may be supplied, only after obtaining permission of the Hon'ble Judge nominated by the Hon'ble Chief Justice of India for PIL matters.  

7) Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.

8) Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.

9) Petitions from riot -victims.

10) Family Pension.

All letter-petitions received in the PIL Cell will first be screened in the Cell and only such petitions as are covered by the above mentioned categories will be placed before a Judge to be nominated by Hon'ble 

the Chief Justice of India for directions after which the case will be listed before the Bench concerned.

If a letter-petition is to be lodged, the orders to that effect should be passed by Registrar (Judicial) (or any Registrar nominated by the Hon'ble Chief Justice of India), instead of Additional Registrar, or any junior officer.

To begin with only one Hon'ble Judge may be assigned this work and number increased to two or three later depending on the workload.

*Submission Notes be put up before an Hon'ble Judge nominated for such periods as may be decided by the Hon'ble Chief Justice of India from time to time.

**If on scrutiny of a letter petition, it is found that the same is not covered under the PIL guidelines and no public interest is involved, then the same may be lodged only after the approval from the Registrar nominated by the Hon'ble the Chief Justice of India.

**It may be worthwhile to require an affidavit to be filed in support of the statements contained in the petition whenever it is not too onerous a requirement.

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[Sureshbhat M]

Dear Friends                            30/07/2015

     In case there are restrictions to accept PIL, I feel that you can look out for 25 OR MORE FAMILY PENSIONERS and file the PIL by  them stating that " DUE TO NON UPDATION OF PENSION OF THEIR DECEASED  SPOUSE,  THEY ARE LOOSING THEIR LEGITIMATE LIVLI HOOD "

with regards

Suresh bhat M

 Canara Bank SVRS

[OM PRAKASH SHARMA]

It is a wonderful suggestion. Widow can file this PIL stating that
her family pension is too low, since the pension on which her family
pension has been based is not being updated and secondly the rate of
family pension is just 15% in banks compared to 30% in central
government employees. In view of these two factors , once is non
updation and 2nd low proportion of basic pension ( just 15%) instead
of 30%, this can fall within the eligibility criteria of PIL.

Pathank Sir is requested to get it examined from some advocate and it
will take care of updation of pension automatically.

O.P. SHARMA

On 7/30/15, Sureshbhat M <sures...@gmail.com> wrote:
> Dear Friends 30/07/2015
>
> In case there are restrictions to accept PIL, I feel that you can look
> out for 25 OR MORE FAMILY PENSIONERS and file the PIL by them stating that
> " DUE TO NON UPDATION OF PENSION OF THEIR DECEASED SPOUSE, THEY ARE
> LOOSING THEIR LEGITIMATE LIVLI HOOD "
>
> with regards
> Suresh bhat M
>
> Canara Bank SVRS
>
> On Thu, Jul 30, 2015 at 7:58 AM, R.K. Pathak <ratnaka...@gmail.com>
> wrote:
>
>> The information was already published on the blog ob 15/07/2015
>>
>> Dear Pensioners and Retirees,
>>
>> In the context of filing of PUBLIC INTEREST LITIGATION [ PIL] in Supreme

>> Court, I only request all of you to have look at " *GUIDELINES TO BE

>> FOLLOWED FOR ENTERTAINING LETTERS/PETITIONS RECEIVED IN THIS COURT AS

>> PUBLIC INTEREST LITIGATION" as under:-*
>>
>> *SUPREME COURT OF INDIA COMPILATION OF GUIDELINES TO BE FOLLOWED FOR

>> ENTERTAINING LETTERS/PETITIONS RECEIVED IN THIS COURT AS PUBLIC INTEREST

>> LITIGATION.*

>>
>> (Based on full Court decision dated 1.12.1988 and subsequent
>> modifications).
>>

>> *No petition involving individual/ personal matter shall be entertained
>> as
>> a PIL matter except as indicated hereinafter:-*.

>> On Thu, Jul 30, 2015 at 7:28 AM, PM <moha...@gmail.com> wrote:
>>

>>> *For Information,*

>>> Dear Friends,
>>> In our anxiety to get resolved
>>> retirees
>>> long pending genuine demands and issues we are looking forward and
>>> trying
>>> each and every avenues to sort out the issues without delay. On earlier
>>> occasions also some of the retiree friends have tried such routes
>>> anticipating instant results. Under this back drop let us have a look at
>>> how our Apex court deals with such subject in accordance with
>>> guidelines
>>> framed for the purpose.

>>> *'PUBLIC INTEREST LITIGATION*

>>>
>>> Although the proceedings in the Supreme Court arise out of the judgments
>>> or orders made by the Subordinate Courts including the High Courts, but
>>> of
>>> late the Supreme Court has started entertaining matters in which
>>> interest
>>> of the public at large is involved and the Court can be moved by any
>>> individual or group of persons either by filing a Writ Petition at the
>>> Filing Counter of the Court or by addressing a letter to Hon'ble the
>>> Chief
>>> Justice of India highlighting the question of public importance for
>>> invoking this jurisdiction. Such concept is popularly known as 'Public
>>> Interest Litigation' and several matters of public importance have
>>> become
>>> landmark cases. This concept is unique to the Supreme Court of India
>>> only
>>> and perhaps no other Court in the world has been exercising this
>>> extraordinary jurisdiction. A Writ Petition filed at the Filing Counter
>>> is

>>> dealt with like any other Writ Petition and processed as such*. In case

>>> of a letter addressed to Hon'ble the Chief Justice of India the same is

>>> dealt with in accordance with the guidelines framed for the purpose.*
>>>
>>> *SUPREME COURT OF INDIA COMPILATION OF GUIDELINES TO BE FOLLOWED FOR

>>> ENTERTAINING LETTERS/PETITIONS RECEIVED IN THIS COURT AS PUBLIC INTEREST
>>> LITIGATION. (Based on full Court decision dated 1.12.1988 and subsequent

>>> modifications).*

>>> (10)* Family Pension.*

>>> *Cases falling under the following categories will not be entertained as

>>> Public Interest Litigation and these may be returned to the petitioners
>>> or

>>> filed in the PIL Cell, as the case may be:*
>>> (1) Landlord-Tenant matters.
>>> (2) *Service matter and those pertaining to Pension and Gratuity.*

[bhaskara sarma]

In the guidelines given it was specifically mentioned that no Individual or Personal matters will be taken up except the items mentioned in 1 to 10.Our petition is not individual.It is concerned with lakhs of Bank pensioners who were repeatedly discriminated or harassed.So there is every possibility of taking up these petitions by Supreme Court.

P B Sarma.

On Thursday, July 30, 2015, bhaskara sarma <pbsa...@gmail.com> wrote:

Recently one PIL was taken up by Supreme Court which questioned change in qualification criteria for selection of CMDs of Banks.This is not covered by any one of the criteria mentioned above.Supreme court has discretion to take up any matter of public importance.So there is no harm in trying.

P B Sarma.

[bhaskara sarma]

Recently one PIL was taken up by Supreme Court which questioned change in qualification criteria for selection of CMDs of Banks.This is not covered by any one of the criteria mentioned above.Supreme court has discretion to take up any matter of public importance.So there is no harm in trying.

P B Sarma.

On Thursday, July 30, 2015, Sureshbhat M <sures...@gmail.com> wrote:

[K V Venkataramana]

Good idea.

K V Venkataramana

Syndicate Bank VRS

K V Venkataramana

[Jayant Bhave]

Dear sir ,
As aptly pointed out by Bhaskar sharmaji matter being conserned to
Many Bank pensioners , as points 1 to 10 mentioned are for individ-
uals our case should have no problem for consideration! Jayant Bhave.