Writ filed against Civil Servants Adjustment Ordinance at Supreme Court

Published On: January 14, 2019 07:58 PM NPT

KATHMANDU, Jan 14: A writ petition was filed at the Supreme Court today against the Civil Servants Adjustment Ordinance-2075, demanding the adjustment to be made optional for civil servants. 

Toyanath Dhungana, on the behalf of Non-Gazetted First Class civil servant Nayab Subba Amar Singh Oli, filed the writ at the highest court of the country, against the Ordinance by naming the Office of the Prime Minister and Council of Ministers, Ministry of Law, Justice and Parliamentary Affairs and Legislature-Parliament as the defendants. 

The petitioner seeks a court order to leave a choice for the civil servants to decide whether they would like to be adjusted in the three-tier of government. 

Furthermore, a certiorari order has been sought demanding to scrap the notice issued by the Ministry of Federal Affairs and General Administration (MoFAGA ) on December 26 last year according to which the federal government could depute the civil servants to the provincial and local governments. 

The Civil Servants Adjustment Ordinance-2075 was approved by the Parliament on January 1. The constitution provision mandates the Head of the State to issue the Ordinance at the recommendation of the Council of Ministers. The writ has claimed that the Ordinance has been brought in a discriminatory manner. 

Meanwhile, as two days were left for the civil servants to fill up the forms for the adjustment process, a total of 51,322 employees have already filled applications online, expressing their interest for the adjustment, according to Under-Secretary at the MoFAGA, Anita Niraula. 

Under-Secretary Niraula shared that altogether 36,110 civil servants have opted to be adjusted to the federal government while 44,763 to the provincial and 248,660 at the local level. Civil servants can choose more than one location at the provincial and local level. 

The government is adjusting a total of 47,920 civil servants to the federal government, 22,755 to the provincial and 67,503 to the local level.  RSS

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