Excelsior Correspondent
JAMMU, July 14: In a petition filed by Joginder Singh regarding dearth of staff at various level in High Court and District Courts, pay anomaly in respect of officers and staff and promotional avenues to Law Graduate Readers, a Division Bench of High Court comprising Justice Tashi Rabstan and Justice Wasim Sadiq Nargal has issued directions for filing better affidavit within a period of two weeks failing which court would be constrained to take coercive measures which may include stoppage of salary of the concerned as already directed by court vide order dated 29th May 2023.
When the petition came-up for hearing, Division Bench observed that in compliance to the order dated 8th February, 2023 passed, Special Secretary to Government, Department of Law, Justice & Parliamentary Affairs has filed the status report and has placed on record a copy of the Government Order No. 6843-JK(LD) of 2023 dated 25th May 2023 in pursuance to the Administrative Council Decision No. 40/4/2023 dated 22nd May, 2023, which inter-alia indicates that 24 posts in different cadres have been created for the Personal Staff of the Judges of High Court.
DB further observed that since there was no whisper about the compliance of the directions contained in paragraph Nos. 7, 8 & 9 of the order dated 8th February, 2023, whereby court had directed the Chief Secretary of the Union Territory of Jammu and Kashmir to convene a meeting of the Secretary to Government, Department of Law Justice & Parliamentary Affairs, Secretary, Department of Finance and Secretary, General Administration Department in association with the Registrar General to take a final decision with regard to creation of 334 posts recommended by the High Court in the year 2015.
Consequently, Monika Kohli, Sr. AAG appearing on behalf of the respondents was granted six weeks time to file fresh report in terms of order dated 29th May, 2023 in pursuant to the decision taken by the Chief Secretary of UT of J&K, who has agreed in principle for the creation of the staff in various cadres of the High Court of J&K and Ladakh in a phased manner.
DB further observed, “from a bare perusal of the minutes of the meeting, it is manifestly clear that the Chief Secretary has agreed in principle for the creation of staff in the various cadres of the High Court of J&K and Ladakh in a phased manner and consequently, the Chief Secretary by virtue of order dated 29th May, 2023 was directed to file report in this regard indicating as to how he would be going ahead with the creation of the posts as proposed by the High Court which was agreed in principle in a phased manner indicating clearly the timelines for achieving the target”.
DB further observed that the respondents while filing the compliance report have taken a specific stand that in pursuance to the order passed on 29th May 2023, the matter was taken up with the Finance Department vide UO dated 2nd June, 2023 for further course of action and after discussing the matter in detail, it was desired that the matter, as regards to the creation of staff in various cadres of the High Court of J&K and Ladakh in a phased manner in conformity with the direction passed by the Court is concerned, be examined by the Finance Department keeping in view the various factors including the financial health of UT of J&K.
“Since the direction passed by this court dated 29th May 2023 was specific to the extent of indicating as to how the Chief Secretary would be going ahead with the creation of posts as proposed by the High Court in a phased manner indicating clearly the timelines for achieving the target but from the perusal of the compliance report filed by the respondents, it reveals that there is no whisper with regard to the creation of 334 posts as proposed by the High Court in a phased manner indicating the timelines for achieving the target”, the DB said, adding “the compliance report is silent on this aspect”
DB took serious note and observed, “it is quite astonishing to note that the Government has been sitting over the proposal of the High Court with respect to the creation of 334 posts for the last more than 07 years with impunity and is adopting dilly dally tactics without any justifiable cause”, adding “the order passed by this court dated 29th May 2023 has not been implemented in its letter & spirit”
With a view to proceed further in the matter, the High Court grant another opportunity of two weeks to the respondents to file better affidavit strictly in conformity with the directions passed by this court on 29th May, 2023.
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