Sikkim High Court employees move Supreme Court against termination

The Supreme Court on Monday refused to grant urgent hearing in a petition filed by employees of the Sikkim High Court challenging their termination from service by the High Court.

The petitioner's counsel mentioned the matter before a Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi and raised concerns regarding whether a full court of the High Court can invalidate appointments made under a previous Chief Justice.

The counsel also pressed for urgent hearing but the Court declined the request and said the matter will be heard in due course.

“This court is treated as a forum for convenience,” the Bench remarked.

The dispute stemmed from a full court decision of the Sikkim High Court terminating the service of petitioners who were appointed during the tenure of former Chief Justice Biswanath Somadder.

The petitioners were terminated by a full court decision during the tenure of acting Chief Justice Meenakshi Madan Rai.

Appearing for the employees, the counsel today told the Supreme Court,

“This is not an ordinary matter. All the employees were taken in service by earlier Chief Justice.”

He also argued that their termination flowed from a subsequent full court decision.

“Now a full court decision has been shown to terminate them,” the counsel said.

Emphasising the broader implications, the counsel said,

“There is a larger issue concerning the institution here. Resolution says former Chief Justice did not have the power to create the posts. He does have," he further argued.

The Supreme Court, however, declined the request for urgent listing, with CJI Kant stating,

“Anyways no urgent listing. We will hear all this when we list it.”

The matter will now be taken up in due course.

Note: An earlier version of the story said that the employees were terminated during the tenure of present Chief Justice A Muhamed Mustaque. The error is regretted.

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