Court orders against GoI instructions on service matters: DoPT’s latest instructions
F. No. 28027/1/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk
North Block, New Delhi — 110001
Dated: December 9, 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. of even number dated 16.03.2016 (copy enclosed) on the above mentioned subject and to say that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions in this regard from time to time. Vide para 4 of the O.M. dated 16.03.2016, it was explained how action on different decisions/orders of the Courts/CAT has to be taken after consulting Department of Legal Affairs and DOP&T.
2. In this regard, it is pertinent to point out here that the Parliament committee on the Welfare of SCs and STs in its report has observed that the above instructions are not being followed stringently by the Ministries/ Departments. The Ministries/Departments are independently fighting out service related cases to the detriment of employees particularly those belonging to the reserved categories. The Committee, therefore, desired that this Department reiterate the standing instructions.
3. In view of the above, all the Ministries/ Departments are once again requested to scrupulously follow the instructions contained in this Department’s OM dated 16.03.2016 while taking action on the decisions/orders of the Courts/CAT.
4. Hindi version will follow.