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Holding that the Central Government was bound to accept and implement the recommendations made by the Delhi Government with respect to the service conditions of its Public Prosecutors, the Delhi High Court has ordered the Central Government to extend certain benefits to Public Prosecutors in Delhi, including increased pay scale, within one month.
The order was passed by a Division Bench of former Chief Justice Rajendra Menon and Justice Brijesh Sethi in a batch of petitions seeking various reliefs for the welfare of prosecutors in Delhi.
The Court recorded that in spite of its earlier orders of September 2015 and February 2019 directing the implementation of the findings of a Committee constituted by the Delhi Government, the same was never implemented.
“As far as compliance of the directions issued by this Court vide order dated 03.09.2015 and subsequent order dated 01.02.2019, in the matter of granting revision of pay scales to the prosecutors as recommended by Government of Delhi is concerned, the same has not been implemented.”
The Court further recorded that despite the Delhi Government accepting the recommendations of the Committee, the Central Government was “still to take a final decision”.
Relying on the Supreme Court judgment in Government of NCT of Delhi vs. UOI, the Court observed that as far as the service conditions pertaining to prosecutors and service benefits to be extended to them are concerned, the Lieutenant Governor was bound to act on the aid and advice of the Council of Ministers.
The Court thus stated,
“In the light of aforesaid categorical direction of the Supreme Court, the Union of India (UOI) has no other option but to accept the recommendations made by the Government of NCT of Delhi in its totality and implement the same.. Needless to mention that the UOI shall extend all the benefits to the prosecutors as recommended by the Government of NCT of Delhi.”
Accordingly, the Court directed the Central Government to implement the revised pay scale benefits, as recommended by the Committee and accepted by the Delhi Government, within one month starting May 30.
The matter would be heard next on July 25.
Senior Advocate Rajeev K Virmani is the Amicus Curiae.
[Read the September 3, 2015 order ]
[Read the lastest order]