Srinagar: The High Court of Jammu and Kashmir and Ladakh on Monday directed the government to file response over the two set of draft rules framed for the regularisation of daily wagers working in the judiciary within
The Bench of Justice Sanjay Dhar and Justice Ali Mohammad Magrey passed the direction after the Registrar General filed the report stating that the matter is pending for approval before the government in terms of communication dated 6 February, 2019.
The court noted that inordinate delay by the government in taking the decision with regard to approval of the draft rules submitted to it by the Registrar General may not advance the cause of justice.
“Accordingly, we expect the government to expedite effective decision in the matter and file response,” the court said.
The Court directed the Secretary to government of Jammu and Kashmir, Department of Law, Justice and Parliamentary Affairs, to file a response within three weeks from today.
“Till such time the matter is finally decided by the Court, the Respondents shall ensure payment of wages to the petitioners in terms of the rules governing the subject,” the court directed.
In the meantime, the Court made it clear that on the next hearing on 29 November, all the appearing counsels in the case shall assist the Court in the matter so as to enable the Court to take a decision in the matter in accordance with law.
Earlier, On 8 August, 2016, the court had recorded that there were 98 daily-wage workers in the High Court and 228 daily-wage workers in the subordinate courts of the state.
Thereafter, the High Court had passed a slew of directions to the respondents and had noted that they were duty bound to create an equal number of Class IV posts for adjustment of such daily-wage workers.
In a crucial order passed in the matter on 4 December, 2020, the court noted that two issues pertaining to wages payable to the daily-wagers working in the judiciary and their absorption/ regularization were highlighted.
“In the presence of the government officials, upon deliberation in context with the above two issues, it was decided that the High Court shall constitute an Empowered Committee for scrutinizing the cases of daily-wagers engaged in the State judiciary for their absorption in terms of SRO 520 dated 21December, 2017 and thereafter sent a report in this regard to the Law Department for allocation of requisite funds for the same,” the court had said.