ORDER

CHANDRA DHARI SINGH, J (Oral)

CM APPL. 31661/2021 (Direction)

1. The instant application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the petitioner/applicant seeking the following reliefs:

―(i) Direct Principal Secretary (Law, Justice And L.A.) to obtain approval of Central Government in respect of amendment made to Rule 41(1) Of Chapter – Viii (Miscellaneous) of The Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012 as recommended By Hon‘ble Full Court of this Court:

(ii) Pass any such other orders as it may deem fit to this Hon‘ble Court in the facts and circumstances of the case.‖

2. Learned counsel of the petitioner/applicant submitted that the petitioner is employed as a Stenographer Grade- III in the office of respondent No.2, District & Sessions Judge, Tis Hazari Court and is unable to effectively discharge her duties of Stenographer Grade-III because of her hearing difficulty. The petitioner made a representation dated 22nd December 2018, to respondent No.2 praying for change of her cadre from Stenographer to a cadre of an equivalent grade on Clerical or Ministerial side on the medical ground.

3. It is submitted that upon receiving no response to the said representation of the petitioner filed the above captioned writ petition, which was disposed of vide order dated 23rd April 2019 by Predecessor of this Court directing the respondent no.2 to decide the said representation made by petitioner within 4 weeks of date receipt of the order.

4. It is submitted that the instant application has been filed by the applicant/petitioner seeking that direction to be given to Principal Secretary (Law, Justice And Legal Affairs) to obtain approval of Central Government in respect of amendment made to Rule 41(1) of Chapter – Viii (Miscellaneous) of The Delhi District Courts Establishment (Appointment &

Conditions of Service) Rules, 2012

5. It is submitted that this Court acting on the recommendations of “Committee for Amendment/Review of the Rules of the Appointment, Conditions of Service etc of the Officials/Employees of Delhi High Court/District Courts” recommended the amendment of Rule 41(1) of Chapter-VIII (Miscellaneous) of the Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012. The said amendment stated that stenographers of all grades may be permitted by the Appointing Authority, to change their cadre to a cadre of an equivalent grade on the clerical or ministerial side.

6. It is contended that the said amendment in Rule 41(1) of Chapter-VIII (Miscellaneous) of the Delhi District Courts Establishment (Appointment & Conditions of Service) Rules, 2012 required prior approval of the Central Government before the same could be notified by the Registrar General, High Court of Delhi. It is submitted that the Registrar General, High Court of Delhi sent a letter dated 15th November 2019 to the Principal Secretary (Law, Justice and Legal Affairs), requesting him to obtain approval of the Central Government at the earliest.

7. It is submitted that the Principal Secretary (Law, Justice and Legal Affairs) wrote letter dated 14th May 2020 to the Registrar General, High Court of Delhi to provide financial implications (recurring/non-recurring) involved in the matter to enable the Central Govt. to take action in the matter. It is contended that no action has taken place by Principal Secretary regarding approval of the said amendment.

8. It is submitted that the delay in enacting of the amendment is causing grave prejudice to the petitioner since it is difficult for the petitioner to continue working at the post of Stenographer Grade-III on account of grave hearing impairment/difficulty being faced by her.

9. Hence, in view of the foregoing submissions, the petitioner seeks that a direction may be issued to the Principal Secretary (Law, Justice And Legal Affairs) to obtain the approval of Central Government in respect of the amendment made t