Allahabad HC Rejects Plea Against Forcing Civil Court Employees To Work At Judicial Officers’ Residences
The Writ Petition before the Allahabad High Court was filed by an association styled as Anjuman Himayat Chaparsian Sangh, U.P. (Nyay Bhibhag), Lucknow.
The Allahabad High Court recently rejected a Petition filed by Anjuman Himayat Chaparsian Sangh, U.P. (Nyay Bhibhag) wherein allegations were raised that Class IV employees of the civil court were forced to work as domestic servants at the residences of judicial officers.
The Writ Petition before the High Court was filed by an association styled as Anjuman Himayat Chaparsian Sangh, U.P. (Nyay Bhibhag), Lucknow seeking a direction to the judicial officers of the civil courts to not take work from Class IV employees of civil court as a domestic servant for their personal work except during official hours.
The Single Bench of Justice Alok Mathur affirmed, “...a perusal of the bye laws clearly indicates that the object of the association includes taking action for getting better service conditions etc. but clearly did not provide to take recourse of legal proceedings on behalf of its members…”
Advocate Anil Kumar Pandey appeared for the Petitioner while C.S.C. Gaurav Mehrotra represented the Respondent.
Factual Background
The membership of the petitioner association is of class IV employees working in civil courts of the State of U.P. and the object of the association includes espousal of grievance of its members pertaining to service matters. The conditions of service and salary to class IV employees are governed by Uttar Pradesh District Court Service Rules, 2013. It was the case of the Petitioner Association that its members who are working in District Courts are being forced to work at the residences of judicial officers.
Arguments
The Counsel appearing for the High Court raised a preliminary objection concerning the maintainability of the writ petition. It was submitted that the members of the petitioner association are class IV employees working in district courts and in case there are any allegations of being forced to work at the residence, they can be raised individually by such persons.
Reasoning
The Bench noted that the Counsel appearing for the petitioner didn’t dispute the fact that the persons who are aggrieved by the act of being forced to work at the residences of judicial officers are not incapacitated in any manner to approach any forum or court of competent jurisdiction for redressal of their grievances.
On a perusal of the bye-laws, the Bench noted that the same did not provide that the Association can take recourse of legal proceedings on behalf of its members.“...in absence of such authorization the present writ petition is not maintainable under the bye-laws. In view of the above, it is clear that though the petitioner denies that he has filed the petition in the style of public interest which cannot be maintained by the petitioner for the benefits of its members”, the Bench held.
The Petitioner’s Counsel didn’t have the answer to the query as to why the judicial officers cannot be assisted by the staff where apart from the court work, writing of judgments and perusal of files takes place at the residence of a judge.
The Bench also took note of the submission of the Respondent that it is class IV employees who carry files from the courts to the residences, assist the judicial officers in dispensation of justice and the same cannot be said to be forced labour.
In light of such arguments and factual as well as legal aspects, the Bench dismissed the Petition.
Cause Title: Anjuman Himayat Chaprasian Sangh U.P. Thru. Its Provincial Chairman Brij Kishor Sharma v. State Of U.P. Thru. Prin. Secy. Deptt. Of Law (Neutral Citation: 2025:AHC-LKO:8569)
Appearance:
Petitioner: Advocate Anil Kumar Pandey
Respondents:C.S.C. Gaurav Mehrotra
