Kathmandu. There has been an increase in the number of employees filing lawsuits against the government, challenging against arbitrary transfers. Since the formation of the Walendra Shah government, 93 cases have been filed against the government. The employees have challenged the government’s decision saying that it is not in accordance with the rules and procedures.
According to the data of the administrative court, the employees registered 19 cases against the transfer in May, 6 in June, 10 in July, 20 in August and 34 in October.
Court information officer Lakshmi Sharma Paudel informed that three cases were registered on Monday and one on Tuesday as soon as the court opened after the Dasain holiday. According to him, 194 transfer cases are under consideration in the administrative court, including those who have transferred responsibility from the previous financial year.
Cases have been filed after being transferred without completing the two years prescribed by the Civil Service Act. In addition, cases have been filed against him after he was re-transferred from the place he came from due to illness. After being transferred to a place where there is no vacancy, the employees have filed a legal challenge against the government through the administrative court, realizing the government’s mistake.
Government error in transfer
According to staff sources, the government has also been found to have taken some flawed decisions. To some extent, the government has re-transferred employees who have been transferred through online application within a few months. Such employees have not gone to trial.
If it is not resolved from the administrative level, they approach the administrative court for consultation. Apart from that, it has also been found that he has been transferred to a place where there is no post at all.
The cases of such persons have already reached the administrative court saying that they were sent to the rural municipality where there is no official status. According to the employees, if those decisions are not corrected by the government and administrative level, the number of cases may increase.
It has also been found that some employees were given Ramana on the basis of name without looking at the seat roll number. According to the employees of the court, they have also consulted the court and said that if the decision is not reached, they will file a case within the time limit. “There are cases that show simple to serious errors,” court information officer Lakshmi Sharma Paudel told Bahrakhari, “in most cases, an interim order is requested not to implement the decision.”
There is a limit of 65 days to go to the administrative court against the government decision. Generally, you have to go within 35 days, but there is a facility to stay for an additional 30 days. “The petitioner can come with the case for 65 days after submitting the application to stay the deadline along with his case,” said Paudel, “this time limit is used as a convenience.”
The final court of administrative jurisdiction
The administrative court was earlier considered as the primary level court. However, after the amendment of the law on July 14, 2082, a powerful court has become. The Administrative Court is the last court to deal with cases in the administrative sector.
Before that, there was only civil court and trial court. After 2082, there has been a court to hear the cases of teachers, employees, various service groups and even employees of institutes.
“According to the law, the cases of civil service including teachers, health services and public institutions owned by more than 50 percent of the government of Nepal, including banks, all come under the jurisdiction of the administrative court,” said information officer Paudel, “the final hearing in cases including transfer, promotion, pension, departmental punishment, service facilities, extension of service period is held by this court.” She informed that the matter of promotion through open competition does not fall under the jurisdiction of the court.
The administrative court has given the petitioner the facility to go and argue the case himself. Apart from that, the court has also given the facility of not staying on dates to the petitioner.
“Payment notices are given through email. Even if the date is not set, the process of the case does not stop,” said Paudel, “Someone can even say that they will take the date. However, taking the date or not does not make any difference in the case.”