Court orders against Govt instructions on service matters-consultation for filing appeals

Court orders against Government of India instructions on service matters-consultation with Ministry of Law and DOPT on question of filing appeals

F.No.28027/1/2016-Estt.A-HI
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel 81, Training
North Block, New Delhi

Dated 22nd  January, 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 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:-

Latest DOPT order


6. CAT or a Higher Court has upheld DoPT may only be informed with all Government’s stand details.

(Mukesh Chaturvedi)
Director (E)

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2 thoughts on “Court orders against Govt instructions on service matters-consultation for filing appeals”

  1. seshadrivikarala

    IBEG YOUR PARDON: THE WORD ” not” ‘ NOT, MAY KINDLY BE NOTED IN THE FOLLOWING SENTENCE.. .
    ….THE SAME IS ……………….NOT……… NOTDONE ONLY FOR ASCS -ADHOC, BUT FOR OTHER RPF OFFICERS— DSCsAND ABOVE RANK- THE RAILWAY BOARD, DG, RPF HAVE FULFILLED THE ABOVE APEX COURT ORDER DULY CLUBBING WITH THE HONORABLE HIGH COURT OF KOLKATA JUDG.ORDER -IN WP(C_6880 OF 1998,

  2. seshadrivikarala

    The DoP&T is the right Guide for all the C.G. functionaries including the RPF- Railway Protection Force, Railway Board, New Delhi;; Ironically, RPF is found to be not following the same and making their OWN interpretations and Applications, say for Eg. in case of UPSC/DPCs for Promotion/Appointment of the RPF Inspectors under its 40% quota to the Rank of ASCs , Assistant Security Commissioners, RPF, Group’A’ Cadre Post, they are sidelined the OMs of the DoP&T and issuing Orders duly dropping the names of the RETIREES ONLY ON THE GROUND THAT THEY RETIRED ON THE DATE/YEAR WHEN THE UPSC/DPCs WERE HELD, AND STATE THAT HAD THEY BE IN SERVICE ON THE DATE OF DPC, THEIR NAME COULD HAVE BEEN CONSIDERED FOR PROMOTION/APPOINTMENT AND THUS DROP THE NAME, SELECT THE JUNIOR AGAINST YEAR WISE VACANCY, AND PUBLISH THE RAILWAY BOARD ‘NOTIFICATION’–
    THIS IS AGAINST THE LAW, AND THE DoP&t ORDERS– VIZ.. They cite, DoP&T OM No. 22011/4/98/Esst(D) dated 12-10-1998; this OM Orders have been reiteratied in Jan, 2014, but still the Railway Board, Director General, RPF are not following and not announcing the names of RETIRED ASCs WHOSE NAMES HAVE ALREADY BEEN CLEARED AND THEIR NAMES ARE FIGURED AS ‘FIT’ IN SELECT UPSC/DPC PANEL LISTS, PANEL NAMES DROPPED AND JUNIORS ARE GIVEN NEXT PROMOTION AS DIVISIONAL SECURITY COMMISSIONERS IN RPF BY CITING ABOVE OM… Kindly refer to Railway Board, DG,RPF Notification No. E(GP)98/1/7 dated 07-09-2000 as to about the above OM interpretation and Application. Now also, same pattern in RPF is going on , all the Representations are brushed aside on the above Plea. Kindly intervene and do justice.
    The Railway Board, DG,RPF is also sidelining and not implementing the Honorable Supreme Court Judg.Orders issued in CA No. 4222/2006 arising out of SLP(C) case, and the Railway Board also issued Circular No. RBE No. 27/2007 duly citing this Apex Court Order. It is very clear from the ABOVE OM AND THE APEX COURT JUDG.ORDRS, THAT THE RETIREE WILL NOT GET ACTUAL PROMOTION AND ARREARS, AS HE DID NOT SHOULDERED HIGHER RESPONSIBILITY AND STAUS, BUT , HE IS ELIGIBLE TO GET DEEMED PROMOTION/PROFORMA PROMOTION, IF FIT , AGAINST HIS SENIORITY , AS PER YEAR WISE VACANCY AND ELIGIBLE FOR THE BENEFIT OF PENSION FIXATION BEFORE SUPERANNUATION AT PAR WITH HIS JUNIOR…. THE SAME IS DONE ONLY FOR ASCS -ADHOC, BUT FOR OTHER RPF OFFICERS— DSCsAND ABOVE RANK- THE RAILWAY BOARD, DG, RPF HAVE FULFILLED THE ABOVE APEX COURT ORDER DULY CLUBBING WITH THE HONORABLE HIGH COURT OF KOLKATA JUDG.ORDER -IN WP(C_6880 OF 1998, ALL THE OFFICERS ARE GIVEN DEEMED PROMOTION AS PER THEIR SENIORITY AND PENSION FIXATION BENEFIT BEFORE SUPERANNUATION. wE PRAY KINDLY TO INTERVENE AND SET RIGHT THE THINGS AND DO JUSTICE TO US ALSO. TQ V.SESHADRI, ASC,RPF , RETIRED. ONE OF VICTIM IN THE HANDS OF RAILWAY BOARD, DG, RPF.. MY CORRESPONDENCE SINCE ABOUT 9 YEARS RESULTED NIL AND IN VAIN…

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