Court orders against Government of India instructions on service matters-consultation with Ministry of Law and DOPT on question of filing appeals
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel 81, Training
North Block, New Delhi
Dated 22nd January, 2016
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 O.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 comments/advice of the Department of Personnel & Training may be sought in following cases:-
6. CAT or a Higher Court has upheld DoPT may only be informed with all Government’s stand details.