Today's Cancelled Trains
Filing appeals on
Court orders against GoI instructions on service matters: DoPT's instructions
dated 16.03.2016
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 Secretariats D.O
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:-
S.No.
|
Orders of Court
|
Action to be taken
|
1.
|
A decision/order has been quashed by Tribunal/Court on the
ground that it is violative of the Rules/Government instructions, but
Government’s policy has not come in for adverse comments.
|
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 Administrative Ministry is in favour of
implementing the judgement
|
-->The Administrative Ministry may take a decision in
consultation with DoPT and DoLA
|
|
(b) Where in above, a decision to file Writ Petition/Special
Leave Petition (as the case may be) has to be taken
|
-->The Administrative Department may take a decision to file
Write Petition/Special Leave Petition be) in (as the case may consultation
with Department of Legal Affairs (DOLA) and DoP&T
|
|
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.
|
(Mukesh Chaturvedi)
Director (E)
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