A bench of Justices Pankaj Mithal and Prasanna B Varale allowed the 2015 petition filed by the Centre difficult the Orissa Excessive Court docket determination of August 21, 2014, which stated that the circulars introducing the Biometric Attendance System (BAS) have been issued with out prior session with the staff and weren't in conformity with the entire handbook on institution and administration for central authorities places of work.
The highest court docket famous that within the Workplace of Principal Accountant Normal(A&E), Odisha, a BAS was launched with impact from July 1, 2013, by varied circulars dated July 1, 2013, October 22, 2013 and November 6, 2013.
“Subsequently, within the information and circumstances of the case, when the introduction of the Biometric Attendance System is for the good thing about all of the stakeholders, merely given that the staff weren't consulted earlier than implementing the identical doesn't render the introduction of the system to be unlawful,” it stated in its October 29 order.
The bench put aside the order of the Excessive Court docket and permitted the workplace of the Principal Accountant Normal (A&E) to implement the Biometric Attendance System as envisaged by its varied circulars.
It famous that these circulars have been initially challenged by the staff by submitting an unique utility earlier than the Central Administrative Tribunal (CAT) however that problem was turned down on the grounds that the petition was not maintainable because it doesn't relate to the service situation.The staff aggrieved with the order of the tribunal then approached the excessive court docket, which dominated of their favour.When the plea of the Centre was taken up for listening to by the apex court docket after a niche of ten years on October 29, the counsel showing for the Centre submitted that the handbook on institution and administration for central authorities places of work nowhere incorporates any guidelines which can have been formulated and adopted by the workplace of the Principal Accountant Normal (A&E) and due to this fact, the introduction of the BAS can't be stated to be in violation of any guidelines of the division.
The counsel additional stated that the staff now will not be against the introduction of the Biometric Attendance System as it's for the general good thing about the staff in addition to the division.
The counsel showing for the staff agreed that now the staff will not be against the introduction of the Biometric Attendance System within the workplace.
The bench stated, “As soon as the staff haven't any reservation on the introduction of the Biometric Attendance System, we're of the opinion that no controversy on this regard survives and the division can very effectively go forward with the implementation of the above system”.
It stated the train undertaken by the Excessive Court docket seems to be completely pointless.
