DESH DEEPAK SRIVASTAVA Vs. DELHI HIGH COURT

JUDGEMENT

(1.) A National Policy and Action Plan for implementation of information and communication technology (referred to as "ICT") in the Indian Judiciary, was promulgated by the e-Committee, Supreme Court of India in the year 2005. The policy sought to achieve its objectives through its implementation in a phased manner over a period of five years. Needless to say, the creation of the infrastructure involved appointment of technical and support staff in addition to allied infrastructure such as computers, laptops, printers, scanners and other office infrastructure. Pursuant thereto, an office order was issued by the Government of India, Ministry of Law and Justice, dtd. 30/9/2010 for implementation of project of computerization of 13348 district and subordinate courts in 2100 Court complexes all over the country and also the upgradation of ICT infrastructure of the Supreme Court and the High Courts in a period of two years. By the said office order, the Government of India revised the cost estimates for the creation of e-courts from Rs.441.80 crores to Rs.935.00 crores. The timelines were also provided for upgradation of the ICT.

(2.) High Court of Delhi issued an advertisement dtd. 27/5/2011 inviting applications for filling up the positions of "System Officer" and "System Assistants" to be deployed in subordinate courts. It specifically mentioned that the said positions are purely on temporary and contractual basis for a fixed period and are funded by the Government of India, e-Courts mission mode project and are co-terminus with the said project. Petitioners on being successful in their applications were given temporary employment and were assigned responsibilities of System Officers and System Assistants. Some of the responsibilities were: (a) uploading of daily cause list, (b) uploading of judgments, (c) uploading of daily orders, (d) uploading of case status, etc.

(3.) The appointment letters issued to the petitioners specifically mentioned that the positions are purely on temporary and contractual basis for a fixed period, funded by the Government of India. It also mentioned that the services are liable to be terminated without any notice and/or assigning any reason thereof, and that the person will not have any right to regular/continuous service as a System Officer.