October 3, 2023

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Services of 17 fellows engaged by Delhi Assembly in limbo as HC vacates stay order | Delhi News

3 min read

The tenure of 17 research fellows engaged by the Delhi Assembly continues to remain in limbo after the Delhi High Court Tuesday lifted the stay granted by it on their disengagement. The HC noted that the issue was specifically argued before the Supreme Court.

On September 27, the Delhi Assembly Speaker directed the re-deployment of all Delhi Assembly Research Centre (DARC) fellows and associates, who were removed on the L-G’s directions, following the HC’s interim order.

Justice Subramonium Prasad, in the interim order issued on September 21, directed that the services of the 17 fellows not be discontinued and stipend be paid to them till December 6. With the stay now lifted, the interim order will no longer apply.

The interim order had come in a plea moved by the fellows against an August 9 order of the Delhi Assembly Secretariat disengaging services of “fellows/associate fellows to the Delhi Assembly Research Centre (DARC) programme at the Delhi Legislative Assembly”.

The HC Tuesday said the genesis of the matter pertained to a July 5 letter by which the “Lieutenant Governor has disengaged the Fellows/Associate Fellows” of the DARC. Justice Prasad said this letter was “specifically challenged” by the Delhi government before the Supreme Court in an application. The application was filed in a pending writ petition challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, with regard to control over services in the national capital; in July, the matter was referred to a Constitution bench of the SC.

Freedom Sale

The HC observed that with respect to the July 5 letter, the Delhi government had specifically argued before the SC that the “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 is 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,” the HC observed.

The HC said since the apex court had “declined” to stay the operation of the July 5 letter/order, propriety demands that the HC should not have passed any interim order which has the “effect of staying the Order dated 05.07.2023 and other consequential orders”.

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Vacating the stay imposed by its September 21 interim order, the HC additionally said it would be open for the fellows to approach the Apex Court to get “clarifications”.

The fellows in their plea had stated that the July 5 letter of the Services department directed that the engagement of the petitioners, for which prior approval of the L-G had not been sought, be discontinued and disbursement of salary to them stopped. The petitioners got to know that the Finance department had issued a letter on July 6, directing that the salaries of the fellows be stopped.

Thereafter, even though the order was kept in abeyance, the fellows had not been paid their stipends for June, July, and until August 9, when the secretariat discontinued their engagement with immediate effect.

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