Court Digest: HC seeks Delhi govt, DCW’s stand in lawyers’ plea against short-term appointment, meagre salary

Meanwhile, senior advocate Rajshekhar Rao appearing for the DCW said that the Commission has counselors working therein, who are being paid only Rs 25,000 per month. “On April 29, Hon’ble Lieutenant Governor had passed an order directing us to forthwith terminate all our contractual staff,” said Rao, adding that there are no permanent posts in the Commission as envisaged under the relevant laws, and despite writing to the government several times, nothing has been done.

The petitioners — who are young advocates to provide legal assistance to victims of sexual assault — have claimed that in absence of service rules and regulations framed by the Commission, they have been engaged on a “contractual arrangement”, which is “short-lived” and subsists for “two months”. This obligates them to repeatedly sign for contract renewal every two months, submits the plea.

“This perpetual cycle of short-term contact subjects the petitioners to constant job insecurity, causing significant mental distress. It is pertinent to mention that many of the petitioners in present petition are serving as RCC/ DCW counsels since 2016,” states the plea, further stating that due to the short-term appointment agreements, the petitioners are facing a “persistent job insecurity” with a “meagre salary” of Rs 42,000 per month. The petitioners — who are currently posted at various Delhi district courts — have said that the non-payment of fees constitutes a breach of contract and contravenes the principles of natural justice and fair labour practices.

In an order on April 29, WCD Deputy Director Navlendra Kumar Singh had said that Swati Maliwal, who was the then DCW chairperson, had appointed staff on contract without the government’s permission. “Taking cognisance of these irregularities and illegalities made by the DCW, the Hon’ble Lieutenant Governor approved the proposal of the (WCD) department that appointments of contractual staff engaged in the DCW, without having sanctioned posts and following due procedures, is void-ab-initio and… cannot be allowed to continue…,” said Singh in the order. “The approval of the government is, hereby, conveyed to the DCW to discontinue services of all contractual staff with immediate effect who have been appointed by the DCW at any point in time, by going beyond its delegated powers and without following various procedures…,” the order added.