Petition regarding dearth of staff in courts
Excelsior Correspondent
JAMMU, Aug 7: In a petition filed by Joginder Singh regarding dearth of staff at various levels in the 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 Mohan Lal has directed Chief Secretary, UT of J&K to convene a meeting with Principal Secretary, Finance Department; Registrar General and Secretary, Law, Justice and Parliamentary Affairs Department to finalize the mode and method regarding creation of posts in a time-bound phased manner by the next date of hearing.
The DB further directed that the meeting of officers be convened by the Chief Secretary on 21st August 2023 in Civil Secretariat and asked the Registry to list the matter on August 28 and by that time, Monika Kohli, Senior AAG shall file a detailed affidavit indicating therein the outcome of the meeting to be convened by Chief Secretary.
When the petition came-up for hearing, DB observed, “compliance report has been filed by the respondents. It gives a detail of the posts created and to be created, including creation of 24 posts vide Government Order No.6843-JK(LD) of 2023 dated 25th May 2023 as against 334 posts as requisitioned by the High Court on the administrative side regarding which directions have also been issued by this court from time to time”.
In the backdrop of compliance report filed by the respondents, petitioner, present in person, invited attention of DB to “Schedule-I” of the High Court Establishment (Appointment and Conditions of Service) Rules 1973 of the High Court of Punjab and Haryana to contend that there are 85 posts of the Judges in the High Court of Punjab and Haryana.
The Schedule-I gives position of the sanctioned strength of staff/various posts of the High Court of Punjab and Haryana. He submitted that as is evident from its perusal, there are not only 85 posts of Secretaries in High Court of Punjab & Haryana as has been tried to show by respondents in their compliance/status report, but there are also next higher promotional posts of 123 Special Secretaries, 01 Head Special Secretary, 22 Joint Registrars; besides 28 Court Secretaries, 90 Superintendents Grade-I, 75 Readers, 54 Private Secretaries, 79 Judgement Writers, 195 Superintendents Grade-II.
“Therefore, the plea raised by the respondents comparing staff structure of this court with that of High Court of Punjab and Haryana on the basis of benchmarks cannot be taken into consideration”, the petitioner submitted.
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