Srinagar: The J&K High Court on Thursday directed the government to examine the two sets of rules framed by the Special Committee constituted by the court with regard to regularisation of daily wagers working for the Judiciary.
The court directed the government to examine the rules in view of Supreme Court observations dated 14 January, 2019, and file a report before next date of hearing, which is March 3 next year.
The Special Committee in December 2018 framed two sets of rules, one for the Jammu and Kashmir High Court to be called ‘The Jammu & Kashmir High Court Casual and Other Workers Regular Engagement Rules, 2018’, and the other for the District Judiciary called ‘The Jammu and Kashmir District Judiciary Casual and Other Workers Regular Engagement Rules, 2018’.
The two sets of rules were then placed before the full court and were approved on 30 January, 2019.
“It was recommended by the Full Court of the High Court that the Rules be forwarded to the Government for their approval but unfortunately these have not been examined till date,” the court recorded.
The court observed that the daily wagers employed in the courts were numbering a little over two-hundred and had to be treated as a class.
The court pointed out that the plea of financial incapacity was not available to the respondents to defeat the constitutional or legal rights of the daily wagers.
“We may note that before us there are reiterated statements of Advocate General and the Commissioner/ Secretary to Government, Department of Law Justice and Parliamentary Affairs, to the effect that steps for creation of posts in the State Judiciary to accommodate the daily wagers have been initiated,” the Division Bench said.
These steps would be independent of the scrutiny after finalisation of the Rules as to whether any of the daily wagers in the courts can be legally appointed/ regularised against the posts which had been created, the court said.
“This is a matter which needs to be resolved with the respondents, for which purpose meetings/ deliberations can be held between the Registrar General and the Secretary to Government, Department of Law, Justice & Parliamentary Affairs,” the court said.
The court directed the respondents to take a fresh look at the matter keeping in view the observations of the Supreme Court of India and the two sets of Rules approved by the Full Court, besides the principles of law reiterated in the judgment (2017) 1 SCC 148, State of Punjab and others v. Jagjit Singh & others.
The court remarked that there is no dispute by the respondents that the daily wagers are discharging the same duties as are discharged by employees regularly employed in the courts in equivalent positions.
‘The respondents also accept that a one-time regularisation of persons eligible under a scheme framed for this purpose has to be effected,” the court recorded.
In the instant case, the court noted, repeated assurances and undertakings have been given by the Advocate General of the State. “The orders of this Court recorded on 10th of June 2016 and 15th of July 2016 for resolving the issues remain unaddressed,” the court said.
“The respondents shall examine the proposed Rules in terms of the above legal position. A report shall be placed before this court before the next date of hearing,” the court directed.
“List this matter for the report of the respondents as well as of the Registrar General of the High Court on 3rd of March, 2021,” the court said.

NUSRAT SIDIQ