Read Time: 04 minutes

Synopsis

In a recent development, the Delhi High Court has lifted its interim direction for the continuation of services for professionals engaged as fellows with the Delhi Assembly Research Centre (DARC) and were later disengaged from service. This decision came following a writ petition filed against the Legislative Assembly Secretariat.

A single bench comprising Justice Subramonium Prasad, observed that the letter dated July 5, 2023, which was at the center of the controversy, had been specifically challenged by the Government of NCT of Delhi in its Interim Application. The Apex Court, in its order dated July 20, 2023, chose not to stay the said letter. The court dismissed the contention that since the Apex Court did not pass any order in the Interim Application, the high clourt could consider the same.

The background of the case involves an advertisement issued by the Delhi Legislative Assembly for the engagement of Fellows, Associate Fellows, and Associate Fellows (Media) under the Delhi Assembly Research Centre (DARC) Fellowship Programme. Initially, engagements were for one year, extendable for another year based on performance.

A total of 50 Fellows and 90 Associate Fellows, including Associate Fellows (Media), were engaged through a proper selection process. The engagements were contractual, with Fellows entitled to a fixed stipend and no other benefits.

The matter took a legal turn when the services of some terminated fellows were ordered to continue by the high court until December 6, 2023, with stipends to be paid. The Legislative Assembly Secretariat, in response, filed an application seeking vacation of the interim stay order issued on September 21, arguing that the matter was pending before the Supreme Court.

Justice Subramonium Prasad, considering the contentions, noted, "The Apex Court has declined to stay the Order dated 05.07.2023 by dismissing I.A. No.13505/2023. Propriety demands that this Court ought not to have passed any interim order which had the effect of staying the Order dated 05.07.2023 and other consequential orders."

While vacating the interim stay, the high court clarified that the petitioner could approach the Apex Court for appropriate clarifications. The high court thus disposed of the applications in this matter.

Case Title: Subhashini Ratan & Ors. v. Legislative Assembly Secretariat NCT of Delhi & Ors.