'Serious Constitutional Issues': Delhi High Court Seeks AG Venkatramani's Assistance In Plea Against Junior Judicial Assistants Appointments

The Delhi High Court has sought assistance of Attorney General for India R Venkatramani in a plea challenging the appointment of 50 Junior Judicial Assistants presently employed in the court.

A division bench of Justice Manmohan and Justice Mini Pushkarna observed that the plea, which has been moved by serving High Court employees, raises serious constitutional and administrative issue and requested for Venkatramani’s assistance as an amicus curiae in the matter.

The counsel appearing for the petitioner-employees submitted that the Junior Judicial Assistants were appointed as “Data Entry Operators” in 2012 on a contractual basis for one year only on a monthly consolidated salary on the condition that they will not have a right to claim regularization as “Data Entry Operators.”

It is contended that they were then appointed or regularized in the post of “Junior Judicial Assistants (Data Entry) Ex-Cadre” in violation of the Recruitment Rules for the said post.

It is the petitioners’ case that the regularisation of Respondents as Junior Judicial Assistants (Data Entry) Ex-Cadre by the Registrar General of the High Court is not in accordance with law.

On the other hand, the counsel appearing for the High Court administration submitted that the writ petition is not maintainable as the same was in the nature of a PIL and thus, was liable to be dismissed.

It is also submitted that the Petitioners were 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 counsel also contended that the data entry operators were regularized in a newly created ex-cadre post of Junior Judicial Assistant (Data Entry) for which no Recruitment Rules have been prescribed.

“Having heard the learned counsel for the parties, this Court is of the opinion that the present writ petition raises serious constitutional and administrative issues. This Court requests the learned Attorney General of India to assist this Court,” the court said.

The bench listed the matter for hearing on September 21 and granted liberty to the Respondents for filing an additional affidavit within two weeks.

Case Title: MEENAKSHI CHAUDHARY AND ORS v. DELHI HIGH COURT THR REGISTRAR GENERAL AND ORS

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