Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals
F.No.28027/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division
North Block, New Delhi-110001
Dated: 16th March, 2016
OFFICE MEMORANDUM
Subject: Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals.
The undersigned is directed to refer to this Department’s 0.M.No.28027/9/99- Estt.(A) dated 1st May, 2000 on the above subject ( copy enclosed) and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions from time to time. These instructions are to be followed by the Ministries/ Departments of the Central Government scrupulously. All the Court cases filed by employees have to be defended on the basis of the facts available with the Administrative Ministry/Department concerned, keeping in view the instructions issued on the subject by this Department.
2. Reference is also invited to the Cabinet Secretariat’s D.0 letter No. 6/1/1/94-
Cab dated 25.02.1994 and the Department of Expenditure’s O.M. No. 7(8)/2012-E-II(A) dated 16.05.2012 inter-alia provide that (i) a common counter reply should be filed before a Court of Law on behalf of the Union of India by the concerned administrative Department/ Ministry where the petitioner is serving or has last served; and (ii) a unified stand should be adopted instead of bringing out each Department’s/Ministry’s point of view in the said reply. It further provides that it is primarily the responsibility of the Administrative Ministry to ensure that timely action is taken at each stage a Court case goes through and that a unified stand is adopted on behalf of Government of India at every such stage. In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings.
3. However, it is noticed that the Ministries/Departments are making several references to this Department seeking interpretation of the guidelines without exercising due diligence. The Ministries/Departments are advised not to make any references to this Department unless there are difficulties relating to interpretation/application of these guidelines or any relaxation in Rules/instructions is warranted to mitigate a genuine hardship faced the Government servant. While seeking advice of this Department, instructions contained in this Department’s O.M. number 43011/9 /2014-Estt (D) dated 28.10.2015 may be followed.
4. The court cases may be further handled in the following manner:-
|
Sl. No. |
Orders of Court |
Action to be taken |
|
1. |
A decision/order has been quashed by Tribunal/Court on the Rules/Government instructions, but Government’s policy has not come in for |
The Administrative Department may implement the CAT Order/Judgement if it is in consonance with Government policy and the Government case has been lost due to Administrative infirmities. |
|
2. |
Where the policy of DoPT has not been quashed, but the judgment/order of the Tribunal/ High Court/ Supreme Court has gone in favour of Respondents/Applicants. (a) Where in above, the (b)Where in above, a decision to file Writ Petition/ |
The Administrative Ministry may take a decision in consultation with DoPT and DoLA. The Administrative Department may take a decision to file Writ Petition/ Special Leave Petition (as the case may be) in consultation with Department of Legal |
|
3. |
Where the judgment has gone in favour of Applicant/Petitioner/Respondent and a scheme/guideline/OM outlining Government policy has been quashed. |
The Administrative Department may take a decision to file WP/SLP (as the case may be) in consultation with DoPT and DOLA. The references to this Department should be sent at least one week in advance so that it can be properly examined in DoP&T. |
|
4. |
CAT or a Higher Court has upheld Government’s stand |
DoPT may only be informed with all details. . |
dibs says
NIC is battling for years , now becoming a civil war
Harish says
Railway Board after losing case of Parity between PS-II/Zonal Railway GP 4600 and PS/Rly.Bd. GP4800 & 5400 PB3, Parity granted by CAT/Madras, HC/Madras, SLP/SC & Review/SC. implemented for 4 Petitioners PS-II/Southern Rly., whereas, Judgement was for PS-II Cadre of Zonal Railways, implemented Judgement in “Personam”.
In a similar case of I&B Deptt. on the basis of CAT/New Delhi Judgement, Min.of Finance gave orders to I&B to implement for all similarly placed. All over India cases are pending for grant of similar benefit to PS-II of all Zonal Railways. Rly.Bd.filed in one of the courts an affidavit “Judiciary is not aware of the Statutory Rules”. Court took this view as disobedience & disrespect to Apex Court, but still PS-II of Zonal Railways are deprived of their legitimate right, its sheer brazenness of Railway Board. Please look into it, if possible. No justice in this country.
Gurusamy santhanam says
It would be useful if dopt expains what constitutes gverment pohcy. for example whther OMs or clarifications quashed by the courts as being in cotravention of cabinet resolutios will still be considered as against goverment policcy?