The court has issued orders to all District and Sessions Judges to ensure compliance and initiate disciplinary proceedings against employees who fail to resume duties by the deadline.
Jaipur- The Rajasthan High Court has adopted a stringent stance against the ongoing strike by approximately 21,000 judicial employees in subordinate courts across the state, branding it wholly illegal. In a significant ruling on Thursday, July 24, the court issued a clear directive for all striking employees to return to their workstations by 10 AM on Friday, July 25, warning that failure to comply will result in severe disciplinary action. The court underscored that disruptions to the judicial system through strikes are unacceptable under any circumstances, a move that has cast a shadow over a crucial meeting scheduled for July 25 between representatives of the Rajasthan Judicial Employees Union and a government delegation.
Presiding over the hearing, Justice Ashok Kumar Jain’s single bench delivered a sharp rebuke, stating that if advocates, as officers of the court, are prohibited from striking, judicial employees—salaried public servants—have no justification for such action. “The judicial system is the backbone of justice delivery, and any attempt to paralyze it cannot be condoned,” Justice Jain remarked. The court has issued orders to all District and Sessions Judges to ensure compliance and initiate disciplinary proceedings against employees who fail to resume duties by the deadline.
The High Court’s ruling comes as the strike, which began on July 18, 2025, has severely hampered court operations across Rajasthan, delaying hearings, case filings, and other judicial processes. The court emphasized that the judiciary’s primary responsibility is to ensure access to justice, and prolonged disruptions undermine public trust in the system.
To mitigate the impact of the strike on judicial operations, the High Court has mandated alternative arrangements. District Judges, in collaboration with District Collectors, have been instructed to deploy Home Guards to assist in court functions where necessary. Additionally, the court has called on Bar Associations to involve newly enrolled lawyers in supporting court proceedings, ensuring that the judicial process remains operational. These measures aim to minimize disruptions to hearings, case registrations, and other essential tasks, particularly for litigants who have been adversely affected by the week-long standoff.
Scheduled Meeting Under Threat
Adding complexity to the situation, a critical meeting is scheduled for July 25, where representatives of the Rajasthan Judicial Employees Union are set to hold discussions with a government delegation in the presence of the Law Secretary and the Chief Secretary. The meeting aims to address the union’s long-standing demand for cadre restructuring, a proposal that was approved by the High Court’s full bench in May 2023 but has yet to be implemented by the state government. However, the High Court’s stern order is feared to jeopardize the talks, as union leaders worry that the threat of disciplinary action and potential invocation of the Rajasthan Essential Services Maintenance Act (RESMA) may pressure employees to abandon their protest before negotiations can yield results.
The High Court has scheduled the next hearing for July 28, and issued a stern warning that failure to comply with the return-to-work order could lead to the enforcement of RESMA. The Rajasthan Essential Services Maintenance Act empowers the state to declare strikes in essential services illegal and impose penalties, including fines, imprisonment, or termination of employment. The court clarified that it had already forwarded the employees’ demands to the state government in May 2023, but as cadre restructuring is a policy matter, the judiciary cannot directly intervene. The court urged employees to resume work while the government considers their demands, cautioning that further defiance could escalate consequences.
Root of the Conflict: Cadre Restructuring Demands
The strike, which has paralyzed subordinate courts since July 18, stems from the Rajasthan Judicial Employees Union’s demand for cadre restructuring in judicial services. The union argues that the current cadre structure limits promotion opportunities and results in financial losses for employees, particularly when compared to other state departments where similar restructurings have been swiftly implemented. The proposal for cadre restructuring, passed by the High Court’s full bench in May 2023, was forwarded to the state government, but two years later, no action has been taken, prompting the union to resort to mass leave.
According to Union President Joshi, the lack of restructuring has created disparities in career progression and remuneration. “Our colleagues in other departments have benefited from timely cadre revisions, but judicial employees have been left behind. This is not just about promotions; it’s about fairness and dignity in our service,” he said. The union has accused the state government of adopting a discriminatory approach, further fueling the agitation.
Impact on the Judicial System
The seven-day strike has brought judicial operations to a near standstill across Rajasthan, affecting thousands of litigants awaiting hearings, case resolutions, and document filings. Subordinate courts, which handle a significant portion of the state’s legal workload, have been particularly hard-hit, with reports of overcrowded court premises and frustrated litigants. The hearings are being postponed in courts across the state with cause lists being displayed informing litigants of next hearing dates. The disruption has also strained relations between the judiciary, the government, and the striking employees, raising questions about the balance between workers’ rights and the public’s access to justice.
Legal experts have expressed mixed views on the situation. Some argue that the High Court’s firm stance is necessary to uphold the sanctity of the judicial system, while others believe that the government’s delay in addressing the employees’ demands has unnecessarily escalated the conflict. “The judiciary cannot function without its support staff, but strikes in essential services like this are a double-edged sword. The government must act swiftly to resolve the issue through dialogue,” said a senior advocate from the Rajasthan High Court Bar Association.
What is RESMA?
The Rajasthan Essential Services Maintenance Act (RESMA) is a state legislation designed to ensure the continuity of critical public services, including judicial operations, healthcare, water supply, and electricity. Enacted to prevent disruptions caused by strikes in essential sectors, RESMA empowers the state government to declare such strikes illegal and impose penalties on participants, including fines, imprisonment, or termination of employment. The act allows authorities to deploy alternative personnel, such as Home Guards, to maintain service continuity. In the context of the current judicial strike, the Rajasthan High Court has warned that RESMA could be invoked if employees fail to resume work, potentially leading to severe consequences for non-compliance. The act serves as a legal tool to balance workers’ rights with the public’s need for uninterrupted access to essential services.
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