The Delhi High Court has issued directives to ensure that the services of professionals employed as fellows with the Delhi Assembly Research Centre, whose contracts were terminated by the assembly secretariat, will continue until December 6. Additionally, the court has ordered the payment of stipends to these fellows.
Justice Subramonium Prasad’s court has requested responses from the Delhi Legislative Assembly Secretariat, as well as the Services and Finance Departments, in response to a petition filed by 17 such fellows who have challenged the termination of their contracts.
The court’s directive states, “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 has taken note of a previous statement by the assembly speaker, who mentioned that the reasons for termination were not applicable to the services of the petitioners, and it has asked for an explanation regarding the change in this stance.
The petitioners’ counsel argued that the termination of the fellows’ services, who were appointed following proper procedures, was abrupt, arbitrary, and illegal, following a letter issued by the Services Department on July 5.
The petition highlighted that the fellows were engaged for the Delhi Assembly Research Centre, which was established to create a dedicated research team for the members of the Legislative Assembly of the National Capital Territory of Delhi.
The July 5 letter directed the discontinuation of the petitioners’ engagement and the halt of their salary disbursement, as prior approval of the lieutenant governor had not been sought.
Although the letter was temporarily put on hold, the fellows were prevented from marking their attendance in early August, and their engagement was eventually terminated on August 9.
The petitioners argued that the non-payment of stipends and the termination of their services violated their fundamental rights and represented an abuse of power.
They contended that the interference by the Services and Finance Departments infringed upon the doctrine of the separation of powers. They asserted that their services could not be terminated in the manner it was done, and both the Delhi Legislative Assembly and the city government were obligated to engage them according to their terms of service.
The court’s decision ensures the continuation of the fellows’ services and the provision of stipends until the next hearing scheduled for December 6.
