If compliance is not done, Secy Finance shall not draw salary: DB

Petition regarding dearth of staff in courts

Excelsior Correspondent
JAMMU, Aug 30: In a petition filed by Joginder Singh regarding dearth of staff at various levels in High Court and District Courts, pay anomaly in respect of officers and staff and promotional avenues to Law Graduate Readers, Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Rahul Bharti has granted three weeks time as last opportunity to come up with the compliance report in terms of an order dated 29.05.2023 and reiterated on 12.07.2023.
The DB made it clear that in case the needful is not done by the next date of hearing, Commissioner Secretary, Finance Department shall not draw his salary,
“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”, the DB said, adding “the order passed by this court dated 29th May 2023 has not been implemented in its letter & spirit wherein a specific direction was issued to Senior AAG to file fresh report indicating as to how the Chief Secretary would be going ahead with the creation of the posts as proposed by the High Court in a phased manner indicating clearly the timelines for achieving the target”.
“The compliance report is silent with respect to the steps taken in furtherance of the direction passed by this court dated 29th May 2023 coupled with the decision taken in the minutes of the meeting held on 25th May 2023, nor there is any whisper with regard to the timelines for achieving the target as agreed in principle by the Chief Secretary himself”, the DB said, adding “with a view to proceed further in the matter, this court deems it appropriate to 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 indicating as to how the Chief Secretary would be going ahead with the creation of 334 posts as proposed by the High Court of J&K and Ladakh way back in the year 2015”.
The DB made it clear that it would be constrained to take coercive measures which may include stoppage of salary of the concerned as already directed vide order dated 29th May 2023.