Government Bans Strike on Feb 12, 2026 – DoPT OM on Disciplinary Action & Leave Rules

 

The undersigned is directed to inform that some trade unions / associations of Central Government employees have issued a call for a general strike/dharma/protest across the country on February 12, 2026.

The instructions issued by the Department of Personnel & Training prohibit Government servants from participating in any form of strike, including mass casual leave, go-slow, sit-down, etc. or any action that abets any form of strike in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances are not admissible to an employee for absence from duty without authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering employees to go on strike. The Supreme Court has also observed in several judgments that going on strike constitutes "grave misconduct" under the Conduct Rules, and that misconduct by Government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form, including protest, would face the consequences thereof, which, besides deduction of wages, may also include appropriate disciplinary action. In this connection, kind attention is also drawn to this Department's OM No. 33012/1(s)/2008-Estt(B)(Pt), dated 12th September, 2008 (copy enclosed).

A Joint Consultative Machinery (JCM) for Central Government employees is already functioning. This scheme has been introduced with the object of promoting harmonious relations and for securing the greatest measure of co-operation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern, and with the object of increasing the efficiency of the public service. The JCM at the different levels have been discussing issues brought before it and the consultative process is still functioning with the active cooperation from the staff side.

The Central Government Employees under your Ministry/Department may, therefore, be suitably informed of the aforesaid instructions under the Conduct Rules issued by this Department and other regulations upheld by the Supreme Court. They may be dissuaded from resorting to strike in any form including protest. Instructions may be issued not to sanction Casual Leave or other kind of leave to any employees, if applied for, during the period of the proposed protest/strike. It may also be ensured that willing employees are allowed hindrance-free entry into office premises. For this purpose, the concerned Joint Secretary (Admn.) may be entrusted with the task of coordinating with security personnel. Suitable contingency plan may also be worked out to carry out the various functions of the Ministry/Department.

In case any employee goes on dharma/protest/strike/demonstration/rally etc., a report indicating the number of employees who took part in the proposed dharma/protest/strike/demonstration/rally etc. may be conveyed to this Department by the evening of the strike day.