'Dismaying' That Despite Approval From Acting Chief Justice To Upgrade Pay-Scale Of Stenographers, Govt Did Not Release Arrears: Delhi High Court

The petitioner no. 1, an association of Stenographers working in the Delhi District Courts, along with petitioner no. 2, a stenographer in a Delhi District Court, sought initiation of contempt proceedings against the respondent/Chief Secretary of the Delhi government (GNCTD) for alleged wilful disobedience of the High Court's order dated 09.07.2015.

In its order dated 09.07.2015, the Court had directed the Delhi Government to grant the same arrears of salary and benefits to Stenographers of Upper Division Clerks as granted to Low Division Clerks, with effect from 01.01.1996.

In view of this order, District and Sessions Judge (Head Quarters) (D&SJ(HQ)) convened a meeting and the minutes of the meeting indicated that an oversight occurred as Grade I & II stenographers were not accorded the enhanced revised pay scales at par with their counterparts in the High Court.

The Joint Registrar (Rules) of the High Court of Delhi, an officer from the cadre of Delhi High Judicial Services, prepared a detailed note seeking approval from the High Court of Delhi on the administrative side and it was approved by the then Acting Chief Justice Delhi on 11.07.2018.

Following this approval, the D&SJ (HQ) took up the matter with the Delhi government seeking financial sanction for release of the arrears. However, as the matter remained in limbo, the petitioners filed the present contempt petition.

Here, a single judge bench of Justice Dharmesh Sharma stated that the GNCTD rejected the request of D&SJ(HQ) in a mechanical, arbitrary and deliberate manner.

It stated that no estoppel was created against the petitioners due to an oversight in minutes of meeting in August 2015. It stated merely because there was some administrative oversight on the part of the Office of D&SJ (HQ), it would by itself not efface the right of the petitioners to seek equality in service conditions.

It remarked, “Our experience in administrative matters shows that there have been umpteen numbers of instances where fixation and upgradation of pay scales and financial benefits were found to be deficient due to inadvertent miscalculations or oversight. There are also instances in the service law & practices where on many occasions even excess payments have been made, which are eventually recovered from the employees on audit objections or otherwise.”

The Court noted that even though the Office of D&SJ (HQ) reminded the GNCTD about the non-payment of arrears several times, yet it did not take any actions.

It observed, “It goes without saying that the Office of D&SJ (HQ) brought the said facts to notice of the respondent/GNCTD time and again and it is really dismaying that despite the said administrative note having been approved by the then Hon'ble the Acting Chief Justice, High Court of Delhi on 04.09.2017, all requests and reminders have turned to the deaf ears of the respondent/GNCTD.”

The Court thus directed the GNCTD to work out the arrears of pay benefits resulting from the upgradation of pay scales for the concerned stenographers.

It stated that in case financial burden or expenditure comes to more than Rs. 50 crores, the GNCTD should accord the necessary financial approval and sanction to the D&SJ (HQ).

Case title: Civil And Sessions Court Stenographers Association (Regd) & Anr vs. Shri Vijay Kumar Dev (CONT.CAS(C) 204/2019)