Filing a case against central govt. regarding service matters
K PALANIVEL
(Querist) 17 October 2013
This query is : Resolved
Sir,
I am a Central Govt. servant. I want to file a suit against the Govt. in connection with my service matters. Whether prior permission is required from my office or not?
K.Palanivel
Ms.Nirmala P.Rao
(Expert) 17 October 2013
It is since you are filing a case against the central government regarding your service dispute and the government being your adversary, you needn't take any permission from your Organization at all.
Ms.Nirmala P.Rao
(Expert) 17 October 2013
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Guest
(Expert) 17 October 2013
Dear Palanivel,
NO RESTRICTION: Government of India, Ministry of Home Affairs Office memorandum No. 25/3/59-Ests.(A), dated 21st April 1959 read with O.M. No. 25/29/63-Ests.(A), dated 26th November, 1963, there is NO necessity for a Government servant of taking permission for seeking redress in the court of law of grievance arising out of his employment or condition of service.
You can find details in Government of India's Decision No. (11) below Rule 3-B of Swamy's compilation of CCS (Conduct) Rules.
Rajendra K Goyal
(Expert) 17 October 2013
Well advised by the experts, nothing more to add.
R.K Nanda
(Expert) 17 October 2013
nothing to add more.
Anirudh
(Expert) 17 October 2013
If you propose to file a suit against your Department/Govt., then first you have to issue statutory notice under Section 80 CPC. Only after expiry of the statutory notice period, you would be in a position to file the suit. Otherwise, you have to show enough reason for exemption from serving a notice u/s. 80 CPC for getting the suit admitted.
ABDUL RAZIQUE
(Expert) 17 October 2013
agree with expert Anirudh.
Sudhir Kumar, Advocate
(Expert) 24 October 2013
No permission is needed.
80 CPC notice is also not needed in CAT.
BUT BUT
before moving to CAT you should have submitted atleast a detailed representation to the deptt without which CAT may not entertain application.
