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Synopsis

The Delhi High Court on Tuesday this week requested the Attorney General of India, R. Venkataramani to assist the court as an ‘amicus curiae’ in a plea challenging the appointment of several Junior Judicial Assistants.

Advocates Amita Singh Kalkal, Aditi Gupta and Devrat Pradhan for the petitioners submitted that the regularisation of the respondents as Junior Judicial Assistants (Data Entry) ex-cadre was not in accordance with the law and was contrary to the decision of the Supreme Court.

The counsels stated that during their contractual service the petitioners had submitted representations for regularization of their services on various occasions, which were rejected by the Selection Committee of the High Court vide Minutes of Meetings held on August 13, 2014, November 17, 2014 and December 19, 2016 on the ground that such regularisation would be in violation of the decision of the Supreme Court.

It was also submitted that the IT Committee of the High Court in its meeting held on  March 7, 2018 upon consideration of a fresh representation of the respondents dated February 20, 2018 recommended the regularization of the Data Entry Operators as Junior Judicial Assistants. It was further contended that the subject matters of recruitment and regularization of employees of the High Court is under the ambit of the Selection Committee and not of the IT Committee. It was also stated that the IT Committee recommended the regularization of the Data Entry Operators as Junior Judicial Assistants without taking into account the previous decisions of the Selection Committee

On the contrary, the counsel for the Registrar general said that the present writ was not maintainable and was in the nature of a Public Interest Litigation and was liable to be dismissed as it was not filed in the prescribed format. The Counsel also argued that the Petitioners were in no manner affected either in terms of promotional avenues or seniority, by the regularization granted to the Data Entry Operators in an ex-cadre post without any promotional benefit.

Taking note of the submissions, the division bench comprising of Justice Manmohan and Justice Mini Pushkarna said, “Having heard the learned counsel for the parties, this Court is of the opinion that the present writ petition raises serious constitutional and administrative issues”.

“This Court requests the learned Attorney General of India to assist this Court. Accordingly, Registry is directed to forward a copy of the paper book to the learned Attorney General of India with a request to assist this Court as an amicus curiae on the next date of hearing”, the court said in its order dated August 22.

The matter has been posted for further consideration on September 21.

The petition has been moved by some of the serving Delhi High Court employees stating that in 2012, several Junior Judicial Assistants were appointed as “Data Entry Operators” on a contractual basis for a period of one year only, on a monthly consolidated salary and that too, on the condition that the selected candidates will not have a right to claim regularization as data entry operator.

The plea stated that they were then appointed/regularized in the post of ‘Junior Judicial Assistant (data entry) ex-cadre’ in violation of the Recruitment Rules of the said post vide the impugned ordered dated October 16, 2018 and November 17, 2018.

Case Title: Meenakshi Chaudhary and Ors. v. Delhi High Court thr Registrar General and Ors.