Litigation cases on service matters - benefits of court judgement to all similarly placed employees: Agenda Item 47th NC(JCM) Meeting

Litigation cases on service matters - benefits of court judgement to all similarly placed employees: Agenda Item 47th NC(JCM) Meeting

[Part of the Minutes of the 47th Meeting of National Council (JCM) held on 13th April, 2019 issued by DoPT vide OM No. 3/1/2019-JCA dated 13.06.2019]

6.4 DoPT

6.4.15 Item No.31/19/NC-47 -Litigation cases on service matters.

Staff Side stated that Secretary (Personnel) vide DO Letter No. 43019/11/2014- Estt.(D)dated l 7.06.2014 has advised all the administrative departments to address service matter grievances raised by the employees as indicated in the representations, the number of avoidable litigations would not only get reduced but also resulting considerable savings of governments resources, both manpower as well as financial.

Some issues represented by the Staff Side have not been settled due to which the employees are forced to approach CAT for redressal of their genuine grievances. Some of the judgments given in favour of the employees on policy matters are either implemented to the petitioner only or government has filed appeal etc.

Staff Side said that their demand was not to implement all court cases. They only wanted that those cases, on which finality has been reached, either by the acceptance of the judgment by the Government or having exhausted all avenues for appeal and where general principles covering all similarly placed personnel, the Government must issue general orders without dragging the employees to costly litigations.

Reply of the Official Side :

The demand from the Staff Side is to extend the benefits of court judgments to all similarly placed employees. Court judgments which are contrary to Govt. policy can be implemented only in consultation with DoPT or DoE as case may be. As such, the demand for extension of all court judgments to all the employees cannot be accepted.

Chairman observed that in order to avoid unnecessary litigation, in matters, where after due examination and after exhausting all legal remedies at the Government level, the core principle forming the basis of Court order is accepted by the Government, concerned Ministries/Departments may consider applying the same principle to similarly placed employees to the extent it is relevant and possible.