amendments in Domestic Help to Former Chief Justices and Former Judges

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-14122024-259414 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 41] | DELHI, FRIDAY, DECEMBER 13, 2024/AGRAHAYANA 22, 1946 | [N. C. T. D. No. 292 PART II-I GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI HIGH COURT OF DELHI : NEW DELHI NOTIFICATION Delhi, the 12th December, 2024 No. 105/Rules/DHC .─In exercise of the powers conferred under Article 229 of the Constitution of India and all other provisions enabling it in this behalf, pursuant to the resolution of Full Court of the High Court of Delhi held on 29.11.2024, Hon'ble the Chief Justice has been pleased to makes the following amendments in 'Domestic Help to Former Chief Justices and Former Judges of the Delhi High Court Rules, 2017':- AMENDMENTS The following rule shall be substituted for the existing rule 4(v):- (v) 'Domestic Help' or 'Attendant' means the assistance of a helper to be provided to a former Chief Justice or a former Judge of the High Court, or to his or her spouse at the expense of the High Court. The following rule shall be inserted after existing rule 4(v) in the following manner:- (vi) 'Chauffeur' means the assistance of a personnel to be provided to a former Chief Justice or a former Judge of the High Court, or to his or her spouse and in case of death of both, to their dependant parents, if any, engaged on or after retirement to drive the vehicle, at the expense of the High Court. The following rule shall be substituted for the existing rule 5:- 5. | Eligibility A former Chief Justice or a former Judge of the High Court shall be entitled to avail of the services of a Domestic Help, Attendant and Chauffeur, if: (a) The facility of a Domestic Help, Attendant and Chauffeur under any other rules is not being provided to the former Chief Justice or, as the case may be, former Judge by any other High Court; and (b)No facility of a Domestic Help, Attendant and Chauffeur is attached to the office or post to which the former Chief Justice or former Judge is appointed after retirement. The following rule shall be substituted for the existing rule 6:- 6. Selection of Domestic Help, Attendant and Chauffeur The former Chief Justice or, as the case may be, former Judge may at her or his discretion select a person to be engaged as a Domestic Help, Attendant and Chauffeur; Or, in the alternative, the former Chief Justice or former Judge, subject to compliance of these Rules, may request the Chief Justice to depute an employee from the establishment of the High Court to work with the former Chief Justice or former Judge and the Chief Justice can as per such request depute the employee on the establishment of the High Court to work with the former Chief Justice or former Judge. The following rule shall be substituted for the existing rule 7:- 7. | Contractual appointment The engagement of a Domestic Help, Attendant and Chauffeur under Rule 6 shall be on a contractual basis and will be available until the former Chief Justice or former Judge is entitled to the benefit of the facility under Rule 5 and until the Domestic Help, Attendant and Chauffeur performs duties satisfactorily subject to the certification of the former Chief Justice or former Judge. The Domestic Help, Attendant and Chauffeur, employed under these Rules by the High Court, will be on contractual employment with the High Court and shall not be entitled to claim regularization of service or absorption on regular basis even though such appointee may continue to work for any period. The following rule shall be substituted for the existing rule 8:- 8. Reimbursement In case of appointment of the domestic help, Attendant and Chauffeur by the former Chief Justice or former Judge, and if such domestic help, Attendant and Chauffeur is not a contractual employee of the High Court, then, upon such engagement, the monthly remuneration payable to the Domestic Help, Attendant and Chauffeur shall be reimbursed by the High Court to the former Chief Justice or former Judge, as the case may be, at the end of every month. The following rule shall be substituted for the existing rule 9:- 9. Wages The wages which would be payable to the domestic help by the High Court, or to be reimbursed by the High Court to the former Chief Justice or former Judge for the engagement of a Domestic Help shall be equivalent to the salary payable to a Class-IV employee of the High Court in the grade of a peon or equivalent at the minimum of the scale of pay (i.e., Basic Pay and Dearness Allowance) and yearly increment as applicable. The wages which would be payable to the Chauffeur by the High Court, or to be reimbursed by the High Court to the former Chief Justice or former Judge for the engagement of a Chauffeur shall be equivalent to the salary payable to a Chauffeur in the High Court. The wages which would be payable to the Attendant by the High Court, or to be reimbursed by the High Court to the former Chief Justice or former Judge for the engagement of an Attendant shall be the minimum rate of wages fixed by Office of the Commissioner (Labour), Government of NCT of Delhi from time to time for an unskilled worker. The following rule shall be substituted for the existing rule 10:- 10. The former Chief Justice or, as the case may be, former Judge may engage the services of one or more Domestic Help, Attendant and Chauffeur, but the High Court shall reimburse/pay wages equivalent only to what is payable for one Domestic Help, Attendant and Chauffeur at the rate prescribed in Rule 9. The following rule shall be substituted for the existing rule 11:- 11. Continuance The Domestic Help, Attendant and Chauffeur engaged by a former Chief Justice or former Judge shall continue to remain on a contractual basis so long as he or she renders satisfactory service, as certified by the former Chief Justice or former Judge, as the case may be. The following rule shall be substituted for the existing rule 12: 12. Spouses The facility which is extended under the aforesaid provisions to a former Chief Justice or former Judge of the High Court shall be provided on the same terms and conditions to the surviving spouse of a former Chief Justice or former Judge, as the case may be, during the lifetime of the spouse. Provided that the Chauffeur would also be provided in case of death of former Chief Justice or former Judge of the High Court and their spouses to their dependent parents, if any. The following rule shall be inserted after existing rule 12 in the following manner:- 12A. On availment of service of Domestic Help, Attendant and Chauffeur, the former Chief Justice or former Judges of the High Court shall not be entitled to the allowance in terms of letter dated 28.11.2016 received from Department Of Law, Justice and Legislative Affairs, Govt. of NCT of Delhi, whereby an allowance was instituted to defray the expenses incurred on services of any Orderly/Driver etc. by retired Hon'ble Chief Justices and Judges of this Court in compliance of Hon'ble Supreme Court of India order dated 31.03.2014 passed in Civil Appeal No. 4248-4249/2014 arising out of SLP(Civil) No. 9558-9559/2010 and the said allowance be utilized in the aforesaid facility. NOTE: THIS AMENDMENT SHALL COME INTO FORCE FROM THE DATE OF ITS PUBLICATION IN THE GAZETTE. By Order, KANWALJEET ARORA, Registrar General Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR | Digitally signed by SARVESH KUMAR SRIVASTAVA SRIVASTAVA | Date: 2024.12.14 16:40:58 +05'30'