HC warns Govt over delay in regularization of daily wagers

Excelsior Correspondent
SRINAGAR, Sept 8: The High Court today directed the Finance Department to settle the issue of regularization of daily wagers of Judiciary at an earliest.
The HC observed that the authorities have not understood the Supreme Court observations and directions passed by it from time to time and directed them to take a call on the issue before the next date of hearing.
“The above observations and directions necessary recall the Government unnecessarily linking up the issue of daily wagers in the judicial system with the daily wagers of other departments of Government. We are directing the Finance Department to take a call at the earliest and definitely before the next date of hearing. This issue cannot look any further delay. People working as daily wagers in this institution are more than 10 years”, Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey recorded in today’s order.
It may be mentioned here that the Supreme Court had observed that it is unfortunate that State Government has allowed the requirements of the state judiciary to be neglected over such a long period and the need to facilitate
the proper functioning of the High Court and the district judiciary is a Constitutional necessity which imposes a non-negotiable obligation on the State Government to create an adequate number of posts and to provide sufficient infrastructure.
Supreme Court, in its judgment, has held the State  Government responsible for creating situation of recruiting persons on daily wage basis on large scale and has blamed the Government for the ‘unfortunate situation’ which has resulted in a large number of persons being recruited on a daily wage basis.
Earlier, Court had granted final opportunity to Government to come up with the solution of daily wagers in light of Supreme Court observations and warned if the issue is not worked out then court will issue orders.
Waiting for implementation of observation made by the Supreme Court for the last one and a half years on the issue, court said as the orders of the HC and observations of Supreme Court have not been implemented as such court would pass ‘mandamus’ (A clear direction) in this regard.
Court with regard to with creation of post for e-court directed the LJ&PA department to process the long pending issue without any further delay especially before next date of hearing.
“We made it clear that the proposal shall be processed without delay based on the e-court committee of Supreme Court, unfortunately we find that the letter (dated 11.8.2017) issued by the Assistant Legal Remembrancer (LJ&PA) displays the lack of understanding of orders of the court”, DB directed.
Department’s counsel assured the court that he will make understand the department the orders of the Court correctly and immediate action is taken with regard to processing long pending issue.
Proposals for creation of various posts has already been sent to LJ&PA department by the Registrar General of High Court with a request that the proposals which are pending consideration to see the light of the day at the earliest.