Excelsior Correspondent
Srinagar, Aug 19: As the court has been informed that the Government has failed to comply with the Court directions as also is in breach of directions of Supreme Court with regard to regularizing the services of daily wagers and casual workers of High Court and Subordinate Courts, the High Court granted last opportunity to the authorities to do the needful.
Senior Counsel R A Jan has referred to the directions and observations of Supreme Court made in detailed judgment in which Government was blamed for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis and had held responsible the Government for creating situation of recruiting persons on daily wage basis on large scale.
He has drawn the attention of the Court to the failure of the authorities to comply with the orders passed by the High Court from time to time and also submitted that the respondents are in breach of the directions of the Supreme Court of India.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta after these submission made by the senior counsel, granted last opportunity of one week to Government counsel to do the needful. “In view of the nature of controversy. We were not inclined to give further time to B A Dar, Sr. AAG. However, in the interest of justice last opportunity of one week is given to Dar to do the needful”, DB directed.
Supreme Court while hearing a petition filed by the Government challenging therein the DB order of High Court wherein respondent-Government was directed to create equal number of posts for Daily Rated Workers, working in the State Judiciary has been set aside.
Supreme Court in its detailed judgment recorded the observation of the High Court made in its one of the orders, in which Division Bench of High Court had observed that over a considerable period of time the J&K Government has not created the required number of posts for the judiciary as a result of which work has been hampered and appointment of daily rated workers was necessitated to ensure that judicial work does not suffer and opined that these workers have been rendering work which should have been assigned to persons appointed on a regular basis against sanctioned posts.
High Court has formulated the separate two sets of rules each for daily rated workers of High Court as well as subordinate judiciary for regularization of these employees which were sent to Government for finalization of process of these rules which are still pending before the Government.
Secretaries of Law, Justice and Parliamentary Affairs as well as General Administration Department has to take the stand taken by the Registrar General of High Court with regard to finalization of the process of regularization of the services of the daily rated/casual workers working in High Court and in the subordinate judiciary. But no response till date has been filed.
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