Excelsior Correspondent
JAMMU, Feb 5: 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, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Puneet Gupta has directed respondents to file the proposal in terms of order dated 20.09.2023 for creation of posts in the final and last third phase of original Phase-I of the proposal (for 334 posts) dated 06.07.2021 and also to place on record the status of 105 posts as envisaged in Phase-II of the proposal dated 06.07.2021.
When the petition came-up for hearing, Senior AAG Monika Kohli submitted that she has filed a compliance report on 31.01.2024 in terms of order dated 29.12.2023 passed by this court.
DB, after perusal of the compliance report, said, “an SLP bearing No.25417/2023 has been preferred by the respondents before the Supreme Court against the order dated 20.09.2023 passed by this court in SWP No.2037/2017, wherein this court in order dated 20.09.2023 had directed the respondents to place on record the proposal for creation of rest of the posts to be created in the final and last third phase”.
It was informed to the Division Bench that the SLP was previously listed on 04.01.2024 before the Supreme Court.
Joginder Singh, the petitioner who was appearing in person produced the order dated 04. 01.2024 passed by the Supreme Court in SLP No.25417/2023. The order was taken on record.
A bare perusal of the order dated 04.01.2024 passed by the Supreme Court shows that the Supreme Court has permitted this court to go ahead with the proceedings of the present petition but with a caveat that this court shall not unnecessarily insist on the personal presence of the UT of J&K Government officers.
It may be noted that vide communication No.32822-23/RG/GS dated 06.07.2021 addressed to the Secretary to Government, Department of Law, Justice & Parliamentary Affairs, Civil Secretariat, UT of J&K, Srinagar, the then Registrar General, High Court of J&K and Ladakh had conveyed the proposal for creation of 439 number of posts in the High Court in a phased manner keeping in view the enhancement of strength of Judges of this Court.
Originally, there were two phases. In Phase-I, 334 posts were to be created whereas 105 posts were required to be sanctioned/created in Phase-II.
DB observed, “since the Supreme Court has permitted this court to proceed ahead with the present petition, under the circumstances, a direction is issued to the respondents to file the proposal in terms of the order dated 20.09.2023 for creation of rest of the posts to be created in the final and last third phase of original Phase-I of the proposal (for 334 posts) dated 06.07.2021; and also to place on record the status of 105 posts as envisaged in Phase-II of the proposal dated 06.07.2021”.
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