The Delhi High Court has requested the Attorney General of India R. Venkataramani to assist the Court as an amicus curiae in relation to a plea challenging the appointment of several Junior Judicial Assistants.
The petition was 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 Operators’.
The lawyer for the petitioner stated that they were then appointed/regularized in the post of ‘Junior Judicial Assistants (Data Entry) Ex-Cadre’ in violation of the Recruitment Rules of the said post vide the impugned orders dated October 16, 2018, and November 17, 2018.
Lawyer Amita Singh Kalkal with Aditi Gupta and Devrat Pradhan, advocates stated that the regularisation of the respondents as Junior Judicial Assistants (Data Entry) ex-cadre is not in accordance with the law and is contrary to the decision of the Supreme Court.
Lawyers also stated that the respondents during their contractual service had submitted representations for regularization of their services on various occasions, which were rejected by the Selection Committee of the 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.
The lawyer for the petitioner further apprised the court that the IT Committee of this 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.
The lawyer submitted that the subject matters of recruitment and regularization of employees of this Court are under the ambit of the Selection Committee and not of the IT Committee.
On the other hand, the counsel appearing for the High Court administration opposed the plea and stated that the petition is in the nature of a Public Interest Litigation (PIL) and is liable to be dismissed as it is not filed in the prescribed format.
The lawyer further stated that the Petitioners are 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.
The lawyer further clarified to the court that the recommendation of the IT Committee of this Court to regularize the services of the Data Entry Operators on the vacant posts of Junior Judicial Assistant was duly placed before the Acting Chief Justice for consideration and the same were approved on 3rd August 2018.
Noted the submissions, the bench of Justice Manmohan and Justice Mini Pushkarna said, “This Court is of the opinion that the present writ petition raises serious constitutional and administrative issues.”
The bench requested the Attorney General of India to assist the Court.
Accordingly, the 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, said the Court.
