The Delhi High Court has directed the Centre to extend all the benefits to the prosecutors in the matter of granting revision of their pay scales as recommended by the city government.
‘Implement the same’
A Bench of Chief Justice Rajendra Menon (since retired) and Justice Brijesh Sethi asked the Centre to accept the recommendations made by the government on the service conditions pertaining to prosecutors and service benefit to be extended to them “in its totality and implement the same”.
The Bench remarked that the orders passed by it on September 3, 2015 and February 1, 2019, in the matter of granting revision of pay scales to the prosecutors as recommended by the Delhi government have not been implemented yet.
It pointed out that the Supreme Court had already considered as to who would have authority for dealing with the service conditions and other issues relating to public prosecutors and special public prosecutors in the city.
The top court had ruled that, “Lieutenant-Governor, while appointing the Special Public Prosecutor, is to act on the aid and advice of the Council of Ministers”.
“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,” the High Court said.
“Accordingly, we direct the UOI to do so and issue an appropriate notification within one month from today. Needless to mention that the UOI shall extend all the benefits to the prosecutors as recommended by the Government of NCT of Delhi,” the court’s May 30 order stated.
The High Court was hearing two petitions seeking upward revision in the pay scales of prosecutors and for equipping them with facilities and infrastructure needed to do their job.