'Can't Take Court At Gun Point' : Supreme Court Slams Rajasthan Court Staff For Taking Mass Leave As Protest; Approves Disciplinary Action

The Supreme Court today (July 29) refused to interfere with the directions by the Rajasthan High Court for initiating disciplinary proceedings against district court staff members who went on mass leave across the state as part of a strike. 

The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing a plea by the Rajasthan Judicial Employees Association (RJEA) seeking waiver of disciplinary proceedings directed by the Rajasthan High Court against District Court Staff that went on a mass strike.

The CJI also remarked, " If you are so concerned, you should have approached the court (for the grievances), not by taking the Court at gun point (by mass leave)..... how many hours of precious judicial work have been suffered only on account of this." 

The counsel informed that in 2022, the High Court had approved the restructuring of the cadre system. Since the proposal of the High Court was never made effective by the State Government, judicial staff across the district courts in Rajasthan decided to go on mass leave. 

While the agitation initially started as a hunger strike, it went on for 7 days, including 3 working days, by 20,000 district court staff members, the Counsel added. 

Subsequently, on July 24, the High Court passed directions that the staff on mass leave would be held liable under the Essential Services Maintenance Act (“ESMA”). A slew of directions passed by the Single Judge bench of Justice Ashok Kumar Jain can be read here. 

The High Court also 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.

The Counsel informed that Court staff across the districts have assured that they will join the duty from today. 

When CJI inquired if the Court Staff rejoined from the date specified by the High Court - July 25, the Counsel informed that rejoining did not happen on the said date but only afterwards. 

Considering the same, the bench refused to entertain the petition and ordered its dismissal. The CJI also remarked, " If you are so concerned, you should have approached the court (for the grievances), not by taking the Court at gun point (by mass leave)..... how many hours of precious judicial work have been suffered only on account of this." 

Case Details : RAJASTHAN JUDICIAL EMPLOYEES ASSOCIATION vs. STATE OF RAJASTHAN| W.P.(C) No. 000713 / 2025

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