The founding fathers of India envisioned it as a welfare state where the state was to provide for all benefits for its citizens from the cradle to the grave. It is no surprise therefore that the government is engaged in not only providing for the basic necessities like water, electricity but also in manufacturing watches or trading in grains etc all for the purpose of achieving the greater good for its citizens. The Mammoth infrastructure that supports these services requires qualified personnel to Mann and administer them. Understanding these requirements the Indian constitution has incorporated provisions that allows the government to recruit qualified persons termed as ‘Civil Servants’. As the recruitment, promotion, seniority etc in these services are governed by the service rules made by the government itself these rules take the colour of law under Art 13 of the Indian Constitution. An aggrieved employee challenging governmental action with regards to his service is thus faced with the uphill task of taking on the might of the government.
The disputes that primarily arise rage from recruitment, seniority, promotion, transfers, disciplinary proceeding, discharge, suspension, termination, malafides, legitimate expectation, LTC and issues arising from Leave encashment, pensionary benefits like Gratuity, rewards all covered under the CCS Fundamental and Supplementary Rues apart from the host of the various service regulations that govern various aspects of service.
The very specialized nature of action under Art 16 and Art 300-A has lead to the creation of Central Administrative Tribunal. It is also a matter of practice that many of these cases are also filed under the Writ Jurisdiction of the High Court.
We at FIGBIRD CONSULTANTS with our team of lawyers have experience of representing our clients before the Central Administrative Tribunal, The High Court and various other Quasi-judicial bodies and getting effective orders.