Do not discontinue services of assembly research fellows, pay stipend to them: Delhi High Court
New Delhi: The Delhi High Court on Thursday directed that the services of fellows engaged with the Delhi Assembly Research Centre shall continue in their positions till December 6 and they will be paid stipends.
The contracts of the professionals who were working as fellows with the Delhi Assembly Research Centre were terminated by the assembly secretariat in the aftermath of a letter issued by the services department on July 5.
Justice Subramonium Prasad, hearing the pleas of 17 such fellows challenging their termination, sought the response of the Delhi legislative assembly secretariat as well as services, and finance departments.
“Till the next date of hearing, let services of the petitioners be not discontinued and petitioners be given stipend. Replies be filed within two weeks. List on December 6,” the court directed.
Justice Prasad noted that the assembly speaker had earlier stated that the reasons for termination were not applicable to the petitioners’ services and sought an explanation on the change in the stand.
“Issue notice to respondents to explain why this sudden change in attitude of respondent no 1 (assembly secretariat),” the court said, news agency PTI reported.
The petitioners have said that their termination from the service and non-payment of their stipend violated their fundamental rights and were a “colourable exercise of power”. They have said that the interference by the services and the finance departments was in contravention of the doctrine of separation of powers, as they were engaged for their services at the Delhi Assembly Research Centre, which functions under the aegis of the legislative assembly and the speaker.
The petitioners have in their pleas said that they were engaged as Fellows/ Associate Fellows and as Associate Fellows (Media) for the Delhi Assembly Research Centre, which was constituted following a “recommendation of the General Purposes Committee of the Assembly in February, 2019 to create a dedicated research centre and team for the members of the Legislative Assembly of the NCT of Delhi.”
A letter dated July 5 directed that their services be discontinued and disbursement of their salaries be stopped and prior approval of the lieutenant governor had not been sought for their engagements.
Petitioners said that the said letter was kept in abeyance and the assembly speaker informed the lieutenant governor that he had directed officers of the secretariat not to take any action in the matter without his approval, however, they were not paid their stipends.
Petitioners further said that they were prevented from marking their attendance by certain departments around August first week and thereafter their service was discontinued by an order dated August 9.