Monday, 19 October 2015

Court Orders on service matters – Consultation with Ministry of Law

No.38/70/14-P&PW(A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Pension and P.W

3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi.
Dated the 7th October, 2015
Office Memorandum

Sub:- Court Orders against DoP&PW Government of India Instructions on service matters – Consultation with Ministry of Law and DoP&PW on the question of filing appeals before implementation of Court’s orders.

The undersigned is directed to say that it has come to the notice of this Department that in some cases where the Courts have passed orders against the Government of India, the administrative Ministry/Department has not consulted this Department on the question of filing appeal against such orders, before implementation of such orders.

2. Instructions have been issued from time to time that whenever there is any Court order against theGovernment of India instructions on service matters, the administrative Ministry/ Department/Office. shall consult the Department of Legal Affairs, Department of Personnel & Trg. and the Department of Pension & Pensioners’ Welfare on the question of filing appeal against such an order before the time limit, if any, prescribed in such order or before the time limit for filing appeal under the rules.

3. It is therefore, reiterated that in all cases where any policy issue relating to pension matters is involved, the Department of Pension & PW should invariably be consulted before taking a decision on the question of implementation or otherwise. of any order of a Court. No such order shall be implemented by the concerned Departments/Ministries without first referring the matter to this Department for advice.

4. In order to avoid any delay in processing of such matters, administrative Ministry/Department can consult this Department for any advice by personally visiting to this Department from 11:00 AM. to 1:00 PM. on every Wednesday.

(Harjit Singh)

Deputy Secretary