Court Fee issue

 

“if the interests among the petitioners are common or joint when they claim an interest as class or group, in that case only one set of court fee would be payable but when the interest is not common but similar in the sense that each of the petitioners has suffered individual injury as a result of the impugned order, then in that case though the interest is similar it cannot be termed as common interest and in such type of cases separate court fee is required to be paid."

 

In the instant case, pertaining to absorption as permanent employees, the Court noted,

"It is not the case that in case of relief is granted to one of the writ petitioners; then all the writ petitioners would be benefited automatically. Separate orders of authority would be required to be passed for their absorption considering the individual case. Thus, in our considered opinion, in the present case, separate sets of Court fee is required to be filed by the writ petitioners."

The petitioners working as Para Teachers had filed a case for a direction to the respondents to take steps to absorb their services as a permanent regular teachers as done by other State Governments.

The issue for determination was as to whether all the petitioners would have to file a separate set of court fee or only one court fee is sufficient. The Registrar General had overruled the objection raised by the office for filing a separate court fee based on an order dated 20.09.2018 passed by a Division Bench in an earlier writ petition, holding that,

"Registry is not justified in directing the petitioner to pay separate set of court-fee as the petitioners have filed only one writ petition. If the writ petitions would have been filed separately, then there would have been justification in asking for separate sets of court-fee."

 

By Dr Prem Lata 

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