Delhi HC Grants Interim Relief To Members Of Contractual Employee Association To Participate In Recruitment Process For Service Regularization
The Delhi High Court allowed an interim relief sought by the Delhi State Contractual Employees Association (DSCEA) Members to participate in the recruitment process for service regularization until the pendency of the corresponding Writ Petition (WP (c) 45671 of 2023).
The Court, in its prima facie finding, held that interim relief may be granted in favor of the petitioners so as to ensure that the reliefs sought are not rendered infructuous. The Association filed a set of writ petitions challenging the circular passed by the Deputy Secretary of the HR-Paramedical Branch on August 24, 2023, an advertisement from July 31, 2023, and an office memorandum from October 11, 2020. The Association contended that the directives were erroneous, unjustified, discriminatory, and unsustainable in the eyes of the law.
Justice Chandra Dhari Singh noted, “Since, upon hearing the parties as well as considering the facts and intervening circumstances, this Court is of the prima facie view that the matter requires consideration, an interim relief may be granted in favour of the petitioners so as to ensure that the reliefs sought are not rendered infructuous… Accordingly, in the interregnum, the contractual staff of the petitioner Association is allowed to participate in the recruitment process, subject to outcome of the writ petition”.
Senior Advocate Saurabh Kirpal appeared for the Petitioner and Standing Counsel Avnish Ahlawat with Advocate Laavanya Kaushik appeared for the Respondent.
The respondents invited applications for several paramedical positions in an advertisement dated July 31, 2023. On August 24, 2023, the Respondents issued a circular directing all paramedical employees to apply for the vacancies by using one-time age relaxation, or they would lose the right to have their employment regularized. The union representing contractual employees challenged the circular, the advertisement, and an office memorandum subsequently issued on October 11, 2020, in a Writ Petition. The union argued that the recruitment process, which began following the advertisement published on July 31, 2023, would cause severe harm to the members of the Petitioner Association if it was not halted. The Association approached the High Court by way of a set of writ petitions challenging the circular passed by the Deputy Secretary of the HR-Paramedical Branch dated August 24 2023, the advertisement dated July 31 2023, and an office memorandum dated October 11, 2020.
The Court allowed the contractual staff of the Petitioner Association to participate in the recruitment process, subject to the outcome of the Writ Petition.
Accordingly, the Court allowed the Petition and listed the matter for December 14, 2023.
Cause Title: Delhi State Contractual Employees Association v. Govt of NCT of Delhi And Ors.