Srinagar: The J&K High court on Thursday deferred the case pertaining to daily wagers of judiciary after the state government informed the court that a fresh Special Leave Petition (SLP) has been filed before the Supreme Court of India.
State Counsel, M I Dar submitted before court that a Special Leave Petition, SLP no.10397/2018 has been filed before Apex court on the ground that in accordance to SRO-202, all the daily wagers of the judiciary cannot be absorbed permanently as many wagers have been appointed in 2015.
SRO 202 was issued by Government of Jammu and Kashmir on June 30, 2015 and remains applicable thereafter. Under the SRO 202, during the period of first five years, the government appointee shall be entitled to the minimum pay scale along with the grade pay applicable to the post against which he is appointed.
Hearing the petition of District Bar Association, Bandipora Vs State of J&K and others, the division bench comprising Justice Ali Mohammad Magrey and Justice M K Hanjura which had directed the Commissioner-Secretary to Government, Law, Justice and Parliamentary Affairs and the Finance Departme to appear in person to explain the reasons of “failure” in the matter today said;
“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 Supreme Court. We would have proceeded against both the officers by framing Rule against them, but the judicial proprietary demands that we may wait for the outcome of the SLP. Till next date consideration of the matter, as such, is deferred,” the court said.
The division bench said, “We deem it appropriate to note the observations of the Supreme Court contained in its order dated 08.12.2016, passed in the Civil Appeal No. 36084 of 2016 in the first instance.”
“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.”
The court observed that based upon the said observations of Supreme Court, this Court, has been asking the State authorities to respond and various orders to this effect stand passed without any positive results. Almost 15 months have lapsed since the time the Supreme Court made the observations supra and the State after having availed such a long duration for compliance have come up with a plea that they have again approached the Supreme Court with the SLP.
On previous hearing, Additional Advocate General M I Dar had submitted before court 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 with effect from 8.9.2017.