Excelsior Correspondent
SRINAGAR, July 24: The Division Bench of the High Court today took serious note of the response of Finance Department filed regarding creation of posts in judiciary.
Taking serious note of the response of Finance Department, the division bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey after perusal of the response observed that the response as it has been written warrants contempt proceedings against the officials. “The official who has written the response is contemptuous. Call the Secretary Finance here”, DB said to State counsel and kept the matter for further proceedings for tomorrow.
Earlier, Court has 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 year with regard to absorption of daily wagers, the division bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey today said as the order of the court and observations of Supreme court have not been implemented as such court would pass ‘mandamus’ (a clear direction) in this regard.
Court has already warned that in case the issue is not addressed then court will issue ‘Mandamus’ to the Government. “On the basis of observations made by the Supreme Court, we can issue ‘Mandamus’ to Government. The Counsel sought final opportunity for the issue to come up with the solution of additional staff of judiciary and daily wagers as the Supreme Court observed this is non-negotiable obligation”, Division Bench of CJ and Justice Magrey had said while reiterating the observations of SC.
It may be mentioned here that the Supreme Court while deciding the matter had observed: “It is unfortunate in our view, that State Government has allowed the requirements of the State judiciary to be neglected over such a long period of time 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 responsible the State Government 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.
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