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Showing posts with label CAT judgements news. Show all posts
Showing posts with label CAT judgements news. Show all posts

Saturday, 19 March 2016

08:41

Filing appeals on Court orders against GoI instructions on service matters: DoPT's instructions dated 16.03.2016

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)


Read more: http://www.staffnews.in/2016/03/filing-appeals-on-court-orders-against.html#ixzz43JYOvmws
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Tuesday, 12 May 2015

07:21

Married Daughter of Government employee is eligible for CG appointment


Married Daughter of Government employee is eligible for CG appointment

Affirming a Single Judge’s ruling that that marriage alone need not necessarily dis-entitle a woman from claiming a Government job, as marriage is not a disqualification, a Division Bench of the Madras High Court has held that married daughter of a government employee is entitled to be considered for the job on compassionate grounds after the death of her father while in service subject to her fulfilling two requirements : one, she must obtain a no-objection certificate from other siblings and; two, she and her husband must give an undertaking that she will take care of other members of her parents’ family from her salary.

“A married daughter is eligible for consideration, subject to submission of no-objection certificate of other members of the deceased’s family and also with an undertaking from her and her husband that she will take care of other members of the parents’ family,” said a division bench of the Court comprising of Justice Satish K Agnihotri and Justice M Venugopal recently, while dealing with a case of one Kayalvizhi whose father V Indarjith died while in service in the education department under the State Government.

Kayalvizhi, who was the only daughter of Indarjith and happened to be married by the time he died in harness, then applied for appointment on compassionate grounds. When she was denied appointment, she approached the High court seeking reliefs. Citing a government order governing the issue, a single judge of the Madras High Court said she was entitled to be considered for the job. Her marriage alone need not necessarily disentitle her from claiming the job, as marriage is not a disqualification, the judge said.

Assailing the order of the learned Single Judge, the Assistant Primary Education Officer in Anthiyur in Erode district had gone in appeal before the Division Bench.

Ruling in favour of Kayalvizhi, the Division Bench relied on an earlier judgment of the Court in Kamatchi v. state of Tamil Nadu, wherein it had been held that even if there are other members in the family, the beneficiary could take a no-objection from them and stake her/his claim for appointment under compassionate grounds, and the GO issued by the State Government, which on its part, clearly said an NOC from the remaining members of the family, an undertaking from the beneficiary that he/she shall be helpful to her/his parents’ family and an assurance from the spouse of the beneficiary that he/she shall not cause hindrance to her/him in helping members of his/her parents’ family in future, should be fulfilled to become eligible for appointment.

The Division Bench upheld Kayalvizhi’s rights in this regard subject  to her producing a NOC from members in her paternal family and an undertaking from her husband, and directed the authorities to consider her case for appointment within a period of four weeks.

Source: livelaw.in
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