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| DB issues directives in regularization of daily wagers in judiciary | | | Early Times Report
Jammu, Mar 22: In a Public Interest Litigation in which High Court issued directions regarding regularization of daily wagers in judiciary, Division Bench of the State High Court Comprising Justice Ali Mohammad Magrey and Justice MK Hanjura after hearing both the sides observed that on 15.3.2018, M. I. Dar, AAG, had submitted that he has instructions on behalf of Secretary to the Government Law Department to submit that the issue with reference to the regularization of daily wagers stands linked with the Policy of the Government notified in terms of SRO 520 of 2017 dated 21.12.2017 and there is no need of implementing the orders regarding creation of posts for the High Court and the District Judiciary as requisitioned and observed in various orders w.e.f. 8.9.2017. Sheikh Umar Farooq, Government Advocate, appearing on behalf of Secretary to Government Finance Department, had also made a submission that the role of the Finance Department will come into play only when the proposal is sent by the Law Department for the creation of requisite number of posts.
Upon this Division Bench observed that we deem it appropriate to note the observations of the Supreme "It is unfortunate in our view, that the State Government has allowed the requirements of the State Judiciary to be neglected over such a long period of time.
The need to facilitate the proper functioning of the High Court and the district judiciary is a constitutional necessity which imposes a non-negotiable obligation on the State Government to create an adequate number of posts and to provide sufficient infrastructure. The State Government is to blame for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis."
DB further observed that on the previous hearing this Court felt that the orders of this Court are either being misunderstood or a deliberate attempt is made by the respondents to avoid compliance, therefore, it was reiterated that there is a clear direction for delinking of the daily wagers of the Judiciary i.e. High Court and the District Judiciary, and they cannot be mixed with the daily wagers of other Government departments.
DB further observed that the Officers are not present and no exemption in anticipation of their appearance is sought which reflects not only the non-seriousness of the authorities towards the orders of the court but also of their confidence in derailing the process by filing the SLP before the Hon'ble Supreme Court. DB further observed this Court would have proceeded against both the officers by framing Rule against them, but the judicial proprietary demands that this Court may wait for the outcome of the SLP. Till next date consideration of the matter, as such, is deferred, DB said. DB further observed that in terms of order dated 20.02.2018, this court while examining the status report filed by the Respondent Government, had declared the same as vague not supported by any material either from the Finance Secretary or the Chief Secretary of the State. The report submitted by the Deputy Legal Remembrancer, Law Department was also declared as vague and bereft of details and accordingly the Secretaries to the Government, Finance and Law Departments were directed to file their personal affidavits to indicate as to why proposal of Additional Lawyers Chambers at Mominabad is not feasible. appearing counsels for the State submit that they have received the affidavits and may be given some time to place the same on record. DB grants Week's time for the purpose.
DB further observed that respondents shall also file status report with reference to availability of land at Bandipora for construction of court complex and the Contractors who have completed the mega project of District Court Complex, Mominabad, Srinagar, have not been paid their dues. Secretary to the Government, Law Department, shall ensure release of the payment to the Contractors in accordance with the Approval accorded. |
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