The Delhi High Court on Tuesday vacated its interim direction for continuation of services of professionals engaged as fellows with the Delhi Assembly Research Centre whose contracts were terminated by the Assembly Secretariat.
Justice Subramonium Prasad of the Delhi High Court observed that the Supreme Court had earlier chosen not to stay the letter terminating the services of the Fellows Therefore, the High Court should not have passed any interim order which effectively stayed the order of the Delhi Legislative Assembly Secretariat, Justice Prasad said.
The court’s order came on an application 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 is pending before the apex court.
Delhi BJP president Virendra Sachdeva has welcomed the decision of the court order of stay in the matter of appointment of fellows in Delhi government.
He said Delhi CM Arvind Kejriwal should own moral responsibility in the Illegal fellowship matter and resign.
In the order, Justice Prasad noted that the July 5 letter was “specifically challenged” by the Delhi government before the Supreme Court as part of its petition against the Centre’s ordinance which took away the control over services from the city dispensation, and the petitioner’s contention that the high court can look into the issue since no order has been passed by the top court cannot be sustained.
“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 (against the July letter), it is open for this Court to consider the same, cannot be sustained,” the court observed.
The court recorded it was specifically argued before the apex court that the lieutenant governor has terminated the contract of 437 consultants engaged with statutory bodies under the Delhi Government or with the Delhi legislative assembly.
On September 21, the court had, on a petition by several terminated fellows, directed that their services with the Delhi Assembly Research Centre shall continue till December 6 and stipends will be paid to them.
The counsel for the petitioners had earlier contended that the services of the fellows, who were appointed after following due procedure, were terminated prematurely in an unceremonious, arbitrary and illegal manner in the aftermath of a letter issued by the services department on July 5.
According to sources, Fellows and Associate Fellows were appointed in the Delhi Legislative Assembly and other departments and organizations of Delhi Government, in gross violation of constitutional provisions of Reservation. Rights of marginalised community (SC / ST) had been set-aside while making engagements of such Fellows and Associate Fellows.
Even engagements of such Fellows and Associate Fellows were made without approval of the Lt Governor.
This case is an example as to how the public interest is being defeated by the Delhi Legislative Assembly by first engaging private persons violating Constitutional Rights of Reservation of the marginalized community (SCs and STs). Then Minister (Services) / Delhi Legislative Assembly filed applications. and appointing Senior Advocates to make statements before Courts to allow continuation of such gross illegalities by shaking hands with the Fellows and Associate Fellows (i.e. petitioners) thus acting against the public interest.
“The Legislative Assembly has also appointed certain political workers like Ratnesh Gupta (Prabhari of Aam Aadmi Party in Himachal Pradesh & Madhya Pradesh), volunteers of Aam Aadmi Party on pay and perks disproportionate to regular employees. Some of the volunteers are allegedly issuing directions to the Senior Officers of the Department (example of Ankit Srivastava of DJB),” sources said.
