No Right To 'Paralyse' District Judiciary: Rajasthan High Court Says Mass Leave By Staff Illegal, Issues Directions

The Rajasthan High Court has come down heavily upon staff working at subordinate courts in the state for going on strike, calling it illegal and uncalled for directing them to resume the duty latest by July 25. 

The court said that while the issue of redesigning cadre strength of court staff was already being looked into by the government, the Rajasthan Judicial Employees Association had directly written to the Chief Minister, not through the high court Registrar General calling it a serious act of indiscipline. 

Underscoring Supreme Court rulings to the effect that lawyers did not have right to strike as it affected fundamental rights of litigant to speedy justice, Justice Ashok Kumar Jain observed that employees who were getting bread and butter from money of the tax payers could not resort to a strike.

The court said,

"I am of the view that the abstention of wok or mass leave by judicial employees of Subordinate Courts (District Courts) of State is illegal and uncalled for thus I call upon each and every employee of District Judiciary (Subordinate Courts) to resume the duty latest by 10.00 A.M. on 25.07.2025, failing which the directions mentioned herein below be followed by the all the District Judges and also by the State, under intimation to the Registrar General of this Court..."

The Court laid down the following initial actions to be taken by the District Judges in case the staff did not resume duty:

1. District Judges to organize a meeting with the District Collector and District Superintendent of Police to ensure alternative working arrangement of courts.
2. District Collectors to ensure that services of adequate IT Assistants and Home Guards be provided to the District Judges to resume the working of the courts.
3. District Judges to also meet with the office bearers of bar association to seek voluntary and pro-bono services of young lawyers.
4. In case any record/document were to be found missing during this temporary work, the liability and responsibility shall be of the employee who was permanently assigned with upkeeping of record.
5. District Judges to ensure that no harm was caused to any such individual who joined duty or engaged in the temporary work arrangement.
6. Bar association was requested to assist District Judges to show that bar and bench were the two wheels of the same chariot.
7. District judges to also initiate disciplinary proceedings against such employees who failed to obey his command, or such individual who was in the forefront instigating other employees to continue the strike.
8. District Judges were also empowered to take action under Service Law like transferring from one place to another, issuance of charge-sheet, suspension or any other action.
9. If the situation warranted, the District Judges shall conduct discreet inquiry about the individual(s) who instigated the entire agitation and the employees to strike, and take proper action under Service Law.
10. If a particular person was creating a chaotic situation and disturbance in maintaining discipline, District Judges might recommend his/her transfer.

The Court further said that in case the employees of the District Courts failed to resume duty by July 28, Essential Service Maintenance Act (“ESMA”) could be invoked, to maintain discipline and resume the work of the Court.

The court noted that a meeting of State Level Committee for judicial infrastructure was convened on earlier occasion and one of the agenda item was “redressing the cadre strength of subordinate Courts' staff.” 

The Court highlighted that the recommendation regarding re-designing of the cadre strength was already approved by the High Court and was sent to the State Government which had also convened a meeting on July 25 under the Chairmanship of Chief Secretary and a notice to this effect has already been issued on 17.07.2025.

It noted that in the meanwhile, a notice was addressed to the Chief Minister, sent by the State President and General Secretary of Rajasthan Nyayik Karamchari Sangh (“Sangh”) (State for "indefinite abstention from work" from July 18.

"Since, then the District Court staff is on mass leave paralysing the functioning of the subordinate Courts in Rajasthan...The “independence” means free from all influences but in disciplined manner, which includes communication or redressal in a disciplined manner and not in free style manner. Herein, this case the 'Sangh' has addressed a letter directly to the Chief Minister through the learned Chief Secretary and not through Registrar General. It is a serious act of indiscipline, on part of signatories to letter dated 17.07.2025," the court said. 

The order notes that the high court administration was not informed by Sangh, before proceeding on mass leave from July 18.

It thereafter said:

"When in a system, lawyers who are indispensable part of the system in providing access to justice cannot resort to strike then how can employees who are getting bread and butter from money paid as tax by poor citizens of this country can resort to a strike". 

The Court said that by the virtue of National Judicial Pay Commission, the judicial employees were already getting paid more than the similarly placed government employees of the State. Despite this, the demand of redesigning of the cadre strength was agreed and the Court had recommended the State for taking action.

“How to upkeep an employee is domain of employer and no employer take action against employee unless they crossed the limits and herein, if litigants are facing troubles in the temple of justice then nothing remains to be tolerated. I have no option to pass the order like present one," Justice Jain said in his order.

The court thus issued the directions and listed the matter on July 29. 

Case Title: Ibra v State of Rajasthan, and other connected petition

Citation: 2025 LiveLaw (Raj) 250

Click Here To Read/Download Order