Excelsior Correspondent
SRINAGAR, Oct 15: Jammu and Kashmir High Court today directed personal appearance of Secretary Law and Parliamentary Affairs and Secretary Finance Department before the court tomorrow for filing the status report in conflict of the court orders.
The Division Bench of Chief Justice N P Vasanthakumar and Justice Tashi Rabstan directed both the Secretaries to be present before the court tomorrow as the report filed by them is in conflict of court direction (dated 26.8.2015) wherein Government order (dated 19.8.2015) was stayed and State was directed to release the salary of the Presiding Officers of the court from September 2015 onwards.
Government (in its order no. 2414-LD(A) of 2015 dated 19.08.2015), had said that 36 Special/Additional Mobile Magistrates Courts, temporarily created to be co-terminus with the period of the Award of the 13th Finance Commission shall cease to exist after 31.08.2015 and the posts created on this account shall stand abolished.
Court after going through the status report, filed by Law and Parliamentary Affairs Department, said that it is directly in conflict of the court order and sought personal appearance of these two officials.
Court in its earlier order had mentioned that Rs. 172.04 crore has been earmarked by the Central Government for the 14th Finance Commission to the State of Jammu and Kashmir for the judiciary, which is more than Rs 34 crores per year and a sum of around Rs. 12.06 crore being earmarked per year on average basis for creation of new courts and restructuring of the existing courts.
The court had directed stay of Government Order (No. 2414- LD(A) of 2015 dated 19.08.2015), so as to enable the 38 Courts to continue and dispose off the cases assigned to these courts until further orders and the State was directed to release the salary of the Presiding Officers of these courts, wherever the Presiding Officers are available, and the staff attached to all the 38 courts from September, 2015 onwards.
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