SC: Biometric Attendance For Benefit Of All Stakeholders, Can’t Be Termed Illegal If Employees Not Consulted
The top court has allowed the 2015 petition challenging the Odisha High Court decision of August 21, 2014
Published : November 4, 2025 at 7:42 PM IST
New Delhi: The Supreme Court has said that the Biometric Attendance System (BAS) is for the benefit of all the stakeholders, and, in a government office, if employees were not consulted before its installation does not make it illegal. The order was passed on October 29 by a bench comprising Justices Pankaj Mithal and Prasanna B Varale.
"When the introduction of the Biometric Attendance System is for the benefit of all the stakeholders, merely for the reason that the employees were not consulted before implementing the same does not render the introduction of the system illegal", said the bench.
The bench noted that in the Office of Principal Accountant General (A&E), Odisha, a BAS was introduced with effect from July 1, 2013, by various circulars dated July 1, 2013, October 22, 2013 and November 6, 2013.
Setting aside the High Court order, the apex court permitted the office of the Principal Accountant General (A&E) to implement the Biometric Attendance System as envisaged by its various circulars. The apex court decided to allow the 2015 petition filed by the Centre challenging the Orissa High Court decision of August 21, 2014.
The high court had said that the circulars introducing the BAS were issued without prior consultation with the employees. The high court had also observed that they were not in conformity with the complete manual on establishment and administration for central government offices.
The circulars were initially challenged by the employees by filing an original application before the Central Administrative Tribunal (CAT), but that challenge was turned down. The tribunal had said that the petition was not maintainable as it did not relate to the service condition. The employees challenged the tribunal's order before the High Court.
The Centre's counsel contended before the apex court that the manual on establishment and administration for central government offices nowhere contains any rules which may have been formulated and followed by the office of the Principal Accountant General (A&E), and therefore, the introduction of the BAS cannot be said to be in violation of any rules of the department.
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