A service matter and his legal remedy
“Service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation [or society] owned or controlled by the Government, as respects-
(i) Remuneration (including allowances), pension and other retirement benefits;
(ii) Tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation
(iii) Leave of any kind;
(iv) Disciplinary matters; or
(v) Any other matter whatsoever.”
Types of government employee
1. Central government employee
(a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defense or in the defense services, being, in either case, a post filled by a civilian;
(b) All service matters concerning –
(i) A member of any All-India Service; or
(ii) A person appointed to any civil service of the Union or any civil post under the Union;
(iii) A civilian appointed to any defense services or a post connected with defense, andpertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation or society owned or controlled by the Government;
(c) All service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post , being a person whose services have been placed by a State Government or any local or other authority or any corporation or society or other body, at the disposal of the Central Government for such appointment.
2. State Government Employee
Every employee of the State which falls within the purview of the ‘State’ as defined
under Article 12 of Constitution of India automatically becomes the employee of the
State. Every employee thus becomes the public employee because he is an employee of
the State. It will not be out of place here to mention, that number of co-operative
societies are controlled financed and managed by the State Government. Their
employees will also become the ‘public servant’.
Where the Government employee can seek legal remedy-
For Central Government employee –
If a Central government employee aggrieved from the his department and seeking legal
remedy, first has to approach the CAT (Central Administrative tribunal) by filling the
OA ( Original Application) because CAT has the jurisdiction to hear the matter
employee of Center government and against the order of the CAT ,employee can file the
writ petition in the Hon’ble High Court.
For State Government employee–
If a state government employee aggrieved from his department and seeking legal
remedy, he can direct file the writ petition before the Hon’ble High Court.
Advocateinchandigarh.com is a team of advocates, in which some expert of service
matters are also the part including the designated Senior Advocate also.
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