[COVID-19 vaccination] Judicial Officers, Court Staff are also "State employees"; Why have they not been prioritized? Kerala High Court

The Kerala High Court on Monday urged the State government to look into prioritising COVID-19 vaccination for judicial officers and court staff on par with other "State employees", who are already being administered vaccination on priority basis (Benny Anthony Parel v. Union of India)..A Bench of Justices Vinod Chandran and MR Anitha was hearing a plea concerning the vaccination of lawyers, when this issue came to the notice of the Court. ."Judicial officers have been sitting every day. Even if they are not sitting, they have been asked by High Court to make themselves available. There are less than 500 judicial officers in the State. Why don't you vaccinate them immediately?" Justice Chandran asked today. .He also went on to observe that court staff is another group who have been ignored. ."Another marginalized section we have totally ignored .... (is) court staff. We introduced e-filing. Nobody is e-filing. How do you handle those physical files The staff also is not that high a number," he said. .These oral observations were made in the backdrop of the Kerala government having vaccinated all its "State employees" on a priority basis.."All State government employees are vaccinated. Police and health workers being vaccinated on a priority basis, it is fully justified. Next, State employees were vaccinated on account of elections. On SPARK (app), they were automatically registered," Justice Chandran noted today. .While so, he questioned the State on why judicial officers and court staff have not been considered as "State employees" eligible for prioritised vaccination. ."These are also State employees. Only because of independence of the judiciary under the Constitution, they are under the control of High Court. But why are they not covered as State employees? Why don't you extend (prioritized vaccination) to the registry and staff of court to whom you give salaries?", Justice Chandran asked the State..He went on to remark further,"They have been regularly attending office like any other State government employee for the past one year and they are continuing. We cannot forget those who assist us. Lawyers and judges, at least we in the High Court, are insulated to an extent. What about the staff? They have to come. This High Court has been sitting all through last year, physically and through video conference - all the judges. For the judges to sit physically, necessarily there has to be staff.".As for the plea for the prioritised vaccination of lawyers, the judge observed that the number of lawyers in active practice has to be determined first after due consultation with the Bar Associations. .The Court also noted that the petition only deals with lawyers as of now, and that clerks have been left out. The petitioner's counsel told the Court that a separate petition may be filed on behalf of the clerks. .Advocate Saiby Jose Kidangoor, appearing for the petitioner, also expressed agreement with the Court's suggestion. Among other submissions, he informed the Court that over 50 lawyers have died amid the pandemic recently..Advocate Santhosh Mathew suggested that the Bar Associations or the Bar Council should also be permitted to procure COVID-19 vaccines from the manufacturers, so that they may supplied to eligible lawyers. .State Attorney KV Sohan, appearing for the Kerala government, agreed to to look into the aspect of the State consulting Bar Associations for identifying actively practicing lawyers. .While the Bench initially considered posting the matter on Wednesday, it later said that the case may be taken up next week after the State Attorney examines the issue. .An interim order would be passed on the aspect of vaccinating judicial officers and court staff on a priority basis, the Court further informed. .In the course of the hearing, Justice Chandran also mused that the Court could ask District Collectors to coordinate with the administrative committees created by the High Court to look into the same. .[Read the Order].Read a live account of the hearing: