Excelsior Correspondent
SRINAGAR, July 3: The High Court today granted final opportunity to Govern-ment 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 years with regard to absorption of daily wagers, the Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey today granted final opportunity to the authorities to address the issue of in light of Supreme Court observation and warned them to face the orders.
Court has expressed its anguish over the lackadaisical approach of authorities on the issue and pulled up the counsel appearing on behalf of the State by warning 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. Learned 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 said while reiterating the observations of SC in today’s order.
High Court granted last and final opportunity to Government for implementing the observations of SC with regard to daily wagers in judiciary and warned if the order is not implemented then court will issue Mandamus to Govt in this regard. Counsel M I Dar sought time for the same and court granted him last and final opportunity for the issue and directed him to come up with the solution of additional staff and daily wagers of HC and subordinate courts as the SC has observed this is non-negotiable obligation.
It may be mentioned here that the Supreme Court while deciding the matter had observed that “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”.
Court during the proceedings of the matter observed to Government Counsel M I Dar (AAG) that these daily wagers have been appointed because you don’t sanction regular posts on time and that is why daily wagers are being engaged to meet the exigency of work.
Court further observed to him that why do you want us to call officers here do it otherwise we will issue “Mandamus” as per Supreme Court observation as such address the problem of these daily-wagers. Dar submitted that this is a very serious issue as almost 50000 daily wagers are in place at present and the matter has been taken up with Finance Department as such he on behalf of Government will come with concrete measures and file affidavit. “Do you mean that court will wait for years till you file your concrete affidavit”, CJ observed and added that the observation of Apex Court is with regard to daily wagers of judiciary.
Court has also been apprised about the construction of District court complex Moominabad and has been informed the complex will be completed by July 20.
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.
High Court made observations in its one of the orders in which Court had observed that over a considerable period of time the State Government has not created the required number of posts for the State 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.
During the proceedings of the case, attention of the court was drawn to a communications of Department of Law, Justice and Parliamentary Affairs (LJ&PA) forwarded to Commissioner/Secretary to Finance Department for providing a copy of policy relating to regularization of daily rated workers appointed after January 31, 1994.
Another communication of LJ&PA revealed that the decision with regard to e-courts, the process of framing rules for e-courts will be completed and after seeking approval the proposal will be submitted to the Government for creation of posts as per rules as the response from High Court Registry with regard to financial implications involved in the proposal is awaited.
About the construction work at district court Bandipora a communication of Managing Director J&K police Housing Corporation addressed to Secretary LJ&PA revealed that the construction is yet to be taken up due to non-availability of land. “The revenue authorities who have been advanced an amount of Rs 450 lakh by the Law Department have not yet transferred the land to it for execution of the construction of work”, communication read.
Court has also been apprised about the construction of district court of Pulwama, Baramulla, Gurez, Handwara for which court sought fresh status report by next date of hearing.
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