Excelsior Correspondent
Srinagar, Aug 18: The State High Court today granted one day time to Government to come with stand about the release of salary to the Judicial Officers and their staff who are without salary for the last five months.
The time has been granted by Division Bench of the High Court after Advocate General, Jehanghir Ganai, apprised the court that the Cabinet is meeting on August 19 and will decide the liability.
“Taking the decision on continuation of courts is one aspect and taking the decision about the direction of the court is another issue”, observed the Division of Chief Justice N P Vasanthakumar and Justice Hasnain Masoodi.
State had moved an application seeking extension of weeks’ time for taking decision on court direction as the Cabinet is meeting on August 19. “The Cabinet is meeting on Wednesday and as such this court is prayed to grant extension of one week and the Cabinet will decide about liability as well”, says the application.
Court said that Cabinet can’t review court direction unless it is challenged before the Supreme Court. “You can take the decision to abolish the court and that is one aspect and whether your decision is legal or otherwise, we will see it later but what about the payment of salary which is ordered by the court. You cannot review the High Court order and only Supreme Court can do”, court made the observation during proceeding of the case.
Court made it clear by saying that Government is bound to pay salary to the presiding officers and their staff. “Whether or not you are continuing with the courts, the liability is yours and if you decide otherwise, the liability is still yours”, court made another observation.
Court on July 30 had directed the Government to release a sum of Rs 4.5 crore for payment of salary to the presiding officers of subordinate courts.
Earlier, Advocate General had made a statement before the court that order be complied with week’s time. After these observations AG made the statement that court directions be complied with by or before coming Wednesday (12.8.2015) and accordingly the matter has been posted for the said date.
Court had directed the State Government to release a sum of Rs 4.5 crore for payment of the salary to 38 presiding officers of Additional and Special Mobile Magistrates and their staff as and in this connection issued notice to CS and Law department for reporting compliance and response of the direction.
This Court has taken cognizance of the matter at the instance of Registry noticing the fact that 38 Additional/Special Mobile Magistrates and the staff attached to the Courts have been established under 13thFinance Commission in lieu of creating the morning and evening Courts for the State for improving justice delivery system by reducing the number of pending cases.
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