Why revised pay scales to prosecutors not considered, asks HC

New Delhi: The Delhi High Court on Saturday asked the Centre and the Delhi government why revised pay scales for Public Prosecutors in the national capital had been not considered and granted. A Division Bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi also asked the Centre and the Delhi government to file an affidavit in this regard by July 25, the next date of hearing.

The bench was hearing an intervention application filed by around 40 Assistant Public Prosecutors, including Jamshed Ansari, who sought compliance of a September 3, 2009 order for revision of salaries of Assistant Public Prosecutors (APP).

On the High Court's direction in September 2015, the Delhi Cabinet had approved revision of pay scale of officers working under the Directorate of Prosecution on September 1, 2015. However, the court observed that revision of pay scales of the Prosecutors has not been implemented.

"As far as compliance of the directions issued by this Court vide order dated September 3, 2015 and subsequent order dated February 1, 2019, in the matter of granting revision of pay scales to the prosecutors as recommended by the government of Delhi is concerned, the same has not been implemented," it said.

The court was informed that a committee constituted by the Centre to look into the Delhi government's recommendations had accepted those for certain posts leaving out some others such as APP. The court clarified that as per the Supreme Court order, services of the prosecutors in Delhi come under the purview of the Delhi government and the Centre was therefore bound to implement the Delhi Cabinet's decision in its totality.

"Accordingly, we direct the Union of India (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 the NCT of Delhi," the bench said. Prosecutor Ansari informed the bench that in 2009, Delhi High Court initiated suo motu petition on the poor condition of Public Prosecutors in Delhi.

The court was also informed that one of the causes for delay in disposal of the cases with regard to undertrials was the shortage of Public Prosecutors as well as infrastructure facilities and supporting staff for them, which were woefully inadequate.