The Calcutta High Court has ruled that positions such as stenographers and bench clerks in the district judiciary are sensitive roles. Consequently, employees in these posts cannot be hired on a contractual basis, as they would not bear the same responsibilities or liabilities as permanent staff.

A single bench of Justice Arindam Mukherjee has stayed two recruitment notifications aimed at contractually appointing stenographers and bench clerks to the North and South 24 Parganas judgeship. The court observed:

It is a matter of anguish that the recruitment process for recruiting regular employees against the sanctioned post lying vacant has not been conducted for years together despite assurances given by the State. The post of 'Stenographer', 'Bench Clerk (Peshkar)' are very sensitive post for the smooth functioning of the District Judiciary. Any person engaged on contractual basis cannot be fastened with any responsibility or liability like a regular employee for any misconduct. Engagement on contractual basis cannot be fastened with any responsibility or liability like a regular employee for any misconduct. Engagement on contractual basis in such sensitive post are likely to create more difficulties than aiding in smooth functioning of the District Judiciary.

The court was addressing a writ petition filed by the West Bengal Courts' Employees' Association, which challenged two recruitment notifications concerning the engagement of staff in Fast Track Courts and Family Court in the District Judgeship of North 24-Parganas and South 24-Parganas.

The recruitment process described in both notifications aimed to engage individuals on a contractual basis, initially for a period of one year, with the possibility of renewal.

The petitioners argued that, according to the provisions of the West Bengal District Court (Constitution of Service, Recruitment, Appointment, Probation, and Discipline of Employees) Rules, 2015 (referred to hereafter as the 2015 Rules), there is no provision for engaging persons on a contractual basis for the declared vacancies.

Referring to the provisions of Chapter-III and Schedule D of the said Rules, the petitioners submitted that there is no post termed as "English Steno-Typist" sanctioned under the 2015 Rules. The sanctioned posts are Stenographer Grade-I, Stenographer Grade-II, and Stenographer Grade-III.

Upon hearing the arguments of the parties, the Bench found merit in the petitioners' submissions and ruled that the state could not address the needs of the district judiciary by making contractual appointments to sensitive, sanctioned posts, as this approach would create more problems than it would solve.

Therefore, the Bench directed the state to halt any further action on the recruitment notifications and observed that no equitable rights would be conferred on anyone appointed to the said posts on a contractual basis in the meantime.

Case: West Bengal Courts' Employees' Association Vs. The State of West Bengal & Ors.

Case No: WPA 16317 of 2024