High Court Vacates Its Interim Direction For Continuation Of Services Of Professionals Engaged As Fellows With Delhi Assembly Research Centre

The Delhi High Court has vacated its interim direction for continuation of services of professionals engaged as fellows with Delhi Assembly Research Centre. A writ petition was filed by the petitioners against the Legislative Assembly Secretariat.

A Single Bench of Justice Subramonium Prasad observed, “The letter dated 05.07.2023 was specifically challenged by the Government of NCT of Delhi in I.A. No.13505/2023 wherein it was specifically argued before the Apex Court that the said letter must be stayed. In the Order dated 20.07.2023 the Apex Court chose not to stay the letter dated 05.07.2023. The contention of the learned Counsel for the Petitioner that since the Apex Court has not passed any order in the I.A. No.13505/2023, it is open for this Court to consider the same, cannot be sustained.”

Advocates Gautam Narayan and Asmita Singh represented the petitioners while Senior Advocate Sudhir Nandrajog, ASC Anupam Srivastava, Standing Counsel Avnish Ahlawat and Advocate Santosh Kumar Tripathi represented the respondents.

Brief Facts -

The Delhi Legislative Assembly issued an advertisement for engagement of Fellows, Associate Fellows and Associate Fellows (Media) under the Delhi Assembly Research Centre (DARC) Fellowship Programme. Engagements under the said Programme were initially for a period of one year which could be extended by another year based on the performance of the candidates. The advertisements were issued and they were published in a number of newspapers. A proper selection process was undertaken and a total of 50 Fellows and 90 Associate Fellows, including Associate Fellows (Media) were engaged by the DARC on contractual basis for a period of one year subject to extension by another year based on performance.

The Fellows were entitled to a fixed stipend and no other benefits or allowances. A Constitution Bench of the Apex Court vide its judgement titled as Government of NCT of Delhi v Union of India, held that the State Government of the NCT has legislative and executive power over “services” under Entry 41, List II of the Seventh Schedule of the Constitution of India. The court, this year, had, on a petition by several terminated fellows, directed that their services with DARC shall continue till December 6, 2023 and stipends will be paid to them. An application was then filed by the Legislative Assembly Secretariat and other authorities seeking vacation of the interim order of stay passed on September 21 on the ground that the issue was pending before the Supreme Court.

The High Court after hearing the contentions of the counsel 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 have passed any interim order which had the effect of staying the Order dated 05.07.2023 and other consequential orders.”

The Court said that it is inclined to vacate the stay granted by it in its order dated September 21, 2023. However, it clarified that it is always open for the petitioner to approach the Apex Court to get appropriate clarifications.

Accordingly, the High Court disposed of the applications.

Cause Title- Subhashini Ratan & Ors. v. Legislative Assembly Secretariat NCT of Delhi & Ors. (Neutral Citation: 2023:DHC:7140)

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