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2013 (3) TMI 339 - HC - Indian LawsMaintainability of the writ petition seeking mandamus against a Private Concern - Writ of mandamus directing the MD of R-1 Company to pay the difference in the VRS amount based on the revised scale of basic pay and D.A. as per the Circular dated 12.07.2000 together with 9% per annum from the date of the Circular - petitioners herein were employed with the first respondent/HTL, Guindy - Held that:- In the present case, the acceptance (even assuming that it was illegal acceptance) for voluntary retirement of a particular employee cannot be characterized as leading to such a monstrosity so as to exercise power under Article 226 against a private organisation, which is clearly beyond the ordinary purview of Article 226. Even though in many cases it has been held that writ of Mandamus would be maintainable even against a private person, such cases relate to question of enforcement of public duty. Having regard to all these aspects, it is a fit case where a writ can no longer be issued in view of the changed circumstances, namely privatisation of the respondent. If the rights are purely of a private character no mandamus can issue. If the management of the college is purely a private body with no public duty mandamus will not lie. These are two exceptions to Mandamus. But once these are absent and when the party has no other equally convenient remedy, mandamus cannot be denied. Testing the present case even in the light of the aforesaid criterion, it could be seen that the two traits/exceptions viz., (i) the rights are purely of a private character and (ii) the company is purely a private body, are apparently present here. Thus, even if the decision cited by the learned counsel for the petitioners is applied, his case will have to be dismissed in threshold on the ground that no writ would lie against the first respondent, a private entity. Writ Petition is liable to be rejected on the ground of maintainability.
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