New Delhi: All court orders that favour employees and quash government policies will be challenged, as per draft guidelines finalised by the Centre.
The move comes as various ministries are making several references to the Department of Personnel and Training (DoPT) seeking interpretation of existing guidelines “without exercising due diligence”.
The ministries are advised not to make any references unless there are difficulties relating to interpretation or application of these guidelines or any relaxation in rules or instructions is warranted to mitigate a genuine hardship faced the government servant, the DoPT has said in the draft guidelines.
In case where the judgement has gone in favour of applicant or petitioner and a scheme or guidelines outlining government policy has been quashed, “the administrative department may take a decision to file Writ Petition or Special leave Petition (as the case may be) in consultation with DoPT and Department of Legal Affairs”, it reads.
Citing existing instructions, the DoPT said a common counter reply should be filed before a court of law on behalf of the Union of India by the concerned administrative department or ministry where the petitioner is serving or has last served.
“A unified stand should be adopted instead of bringing out each department’s or 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,” the DoPT said.
In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings, it said.
In case where the policy of DoPT has not been quashed, but the judgement or order of court or a tribunal has gone in favour of respondents or applicants, “the administrative department may take a decision to file Writ Petition or Special Leave Petition (as the case may be) in consultation with DoPT and DoLA”, the draft proposal said.
The DoPT has sought comments on these guidelines from all ministries by February 5.