New Delhi, Sep 28 The Delhi High Court said on Wednesday that it will decide on October 3 on the potential modification of its interim direction to continue the services of professionals engaged as fellows with the Delhi Assembly Research Centre (DARC).
This comes on an application submitted by the legislative assembly secretariat and other relevant authorities, which sought to vacate the earlier interim order issued on September 21 directing that the services of professionals engaged as fellows with the DARC, whose contracts were terminated by the assembly secretariat, shall continue in their positions until December 6, and stipends shall be paid to them.
Justice Subramonium Prasad, presiding over the case, said: "List for order on October 3. Let me think over it."
The respondent authorities argued that the previous order could not be sustained because there was no sanction for the posts by the lieutenant governor, and there was an ongoing matter in the Supreme Court concerning control of services.
Counsel for the petitioners countered the application by stating that the scope of the current petition did not overlap with the matter pending before the Supreme Court.
They argued that the petitioners were caught between two behemoths and expressed concerns about a breach of the principle of separation of powers between the legislature and the executive.
The court expressed concerns about "propriety" and suggested that the petitioners seek clarification from the Supreme Court regarding the continuation of the petition in the high court.
Seventeen fellows have challenged the termination of their contracts.
Justice Prasad, on September 21, had sought explanations from the Delhi legislative assembly secretariat, services, and finance departments regarding the termination of the fellows' contracts.
The court had noted that the Assembly Speaker had previously stated that the reasons for termination did not apply to the petitioners' services and sought clarification on the change in the stand.
The petitioners had contended that their services were terminated prematurely, arbitrarily, and illegally after a letter issued by the services department on July 5, and they were not paid their stipends.
They argued that this violated their fundamental rights and the doctrine of separation of powers, as they were engaged at the Delhi Assembly Research Centre, which operates under the legislative assembly and the Speaker's authority.
The court had directed that the services of the petitioners be maintained until the next date of hearing on December 6 and that replies be filed within two weeks.
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