SRINAGAR: The J&K High Court on Thursday granted final opportunity to state government to come up with a solution, with regard to the sanction of additional posts for e-courts and the issue of daily wagers of high court within one week.
The court passed direction to Commissioner-Secretary to Government, Law, Justice and Parliamentary Affairs and the Finance Department, to appear in person to explain the reasons of failure on implementing court directions with regard to daily wagers and sanction of posts for functioning of e-courts.
The division bench comprising Justice Ali Mohammad Magrey and Justice M K Hanjura directed state government to immediately solve issue of daily wagers of High court and other judiciary and cautioned it not to link the issue of daily wagers of judiciary with daily wagers of other departments.
“In our order dated 03.07.2017, we had, after taking note of the Supreme Court’s strong observations, reiterated that the need to facilitate 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. We also reiterated that the observation of the Supreme Court directing that the State government was to blame for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis. Unfortunately, the respondents have not understood the import, meaning and purport of the Supreme Court’s observation and the directions given by this Court from time to time,” the court said.
“We are now directing the Finance Department to take a final call on the matter at the earliest and definitely before the next date of hearing. This issue cannot brook any further delay. People who are been working as daily-wagers in this institution for over ten years are performing their duties regularly and without which it may not be possible to run this institution.”
State counsel M I Dar submitted before court that instructions on behalf of Secretary to the Government Law Department 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 the creation of posts for the High Court and the District Judiciary as requisitioned and observed in various orders.
The court said, “We feel that the orders of this Court are either misunderstood or are deliberately and intentionally not being complied with. Despite there being a clear direction for delinking of the daily wagers of the Judiciary that is the High Court and the District Judiciary, the state authorities are still mixing them with the daily wagers of other government departments. The approach adopted, therefore, prima facie depicts not only a brazen violation of the orders of this Court but amounts to contempt of the court also. Thus, before issuing Rule against the respondents, it shall be appropriate to provide them an opportunity to explain as to why the orders of the court are not being implemented.”