The Managing Director and The Executive Engineer, Tamil Nadu Water Supply and Drainage Board vs Tamil Nadu Kudineer Vadikal Variya Oozhiyar Sangam

P. Jyothimani, J.—This Writ Appeal is directed against the order of the learned Single Judge dated 05.02.2009 made in W.P.(MD) No.

1207 1 of 2008 in and by which the writ petition filed by the Association of the employees against the recovery made by the Tamil Nadu Water

Supply and Drinage Board in respect of the individual employees was allowed. The said writ petition came to be allowed solely on the ground that

the individual employees, who happened to be members of the writ petitioner association, have not been given notice.

However, this Writ Appeal is filed by the Tamil Nadu Water Supply and Drainage Board on the ground that the writ petition is not maintainable

since law is well settled that it is the individual employess, who were affected alone, have to approach the Court and not the association .

The learned Counsel appearing for the appellant has relied upon the decision in Tamilaga Asiriyar Koottani Vs. The Government of Tamil Nadu

and Others, . In the said decision, direction given to fill up the posts of headmasters in the upgraded schools from headmasters in Elementary

Schools was challenged by the association for teachers wherein the Hon''ble First Bench of this Court has held as follows:

In our opinion, if any educational institution or headmaster or teacher is aggrieved by the impugned G.O. Ms. No. 13 dated 09.02.2005, they

can file a writ petition in this Court challenging the same, but the appellant association had no locus standi in the matter . It cannot be said that the

educational institutions or headmasters are so poor that they are unable to approach this Court . If any particular educational institution or

headmaster has a grievance against the impugned G.O. Ms. No. 13, dated 09.02.2005, it is for such person to file a writ petition or writ appeal,

and not for any association . The writ appeal is dismissed on the ground of lack of locus standi . The writ petition is dismissed for the same reason .

W.A.M.P. No. 1384 of 2005 is dismissed.

In fact, the said judgment was passed based on the earlier decision of the Hon''ble Supreme Court in Mahinder Kumar Gupta and Others Vs.

Union of India (UOI), Ministry of Petroleum and Natural Gas, , wherein the Hon''ble Supreme Court has held that the writ petition stands liable to

be dismissed on the sole ground that the Association cannot file a writ petition as it has no fundamental right under Article 32 of the Constitution.

In such view of the matter, in our considered opinion, the order of the learned Single Judge cannot be sustained on the ground of maintainability

of the writ petition by the association of the employees . It is no doubt true that as and when the individual employees are affected by any order

passed, it is for them to work out their remedies in the manner known to law.

In the said circumstances, this Writ Appeal is allowed and the order of the learned Single Judge is set aside . However, liberty is given to the

individual employees to file separate case, if they are affected by any such order . However, there will be no order as to costs. Consequently, the

connected M.P.(MD) No. 1 of 2009 is closed.