Regularization of daily wagers in judiciary

HC takes serious note of casual approach of state, seeks personal appearance of Secy Law & Finance

16/03/2018

JAMMU, Mar 15: In a Public Interest Litigation in which High Court issued directions regarding regularization of daily wagers in judiciary, Division Bench of the State High Court Comprising Justice Ali Mohammad Magrey and Justice MK Hanjura today took serious note casual approach of state for not implementing the orders of the High Court and directed Commissioner-Secretary to Government, Law, Justice and Parliamentary Affairs and the Finance Department, appear in person to explain the reasons of failure on the next date of hearing. DB also ordered that in the meanwhile, respondents are at liberty to issue the compliance orders.
When the PIL came-up for hearing, Division Bench observed that on March 14, 2018, when this matter was taken up for consideration, M. I. Dar, AAG and Mr Sheikh Umar Farooq, GA, appearing on behalf of Law and Finance Departments respectively were asked to report instructions regarding the compliance of the orders, but the counsel showed their inability on the count that the order was conveyed late to the concerned officers. Upon this DB directed the appearing counsel for the respondents to seek and report instructions on the next date i.e. today.
When the matter was taken-up today AAG M.I. Dar, submits that he has instructions on behalf of Secretary to the Government Law Department to submit that the issue with reference to the regularization of daily wagers stands linked with the Policy of the Government notified in terms of SRO 520 of 2017 dated 21.12.2017 and there is no need of implementing the orders regarding the creation of posts for the High Court and the District Judiciary as requisitioned and observed in various orders w.e.f. 8.9.2017.
On ther other hand Govt Advocate Sheikh Umar Farooq submits that their role will come into play only when the proposal is sent by the Law Department for the creation of requisite number of posts.
After hearing both the counsels for the state, Division Bench observed that "We feel that the orders of this Court are either misunderstood or are deliberately and intentionally not being complied with. Despite there being a clear direction for delinking of the daily wagers of the Judiciary i.e. High Court and the District Judiciary, the respondents are still mixing them with the daily wagers of other government departments.”
DB further observed that the approach adopted, therefore, prima faciedepicts not only a brazen violation of the orders of this Court but amounts to contempt of the court also. Thus, before issuing Rule against the respondents, it shall be appropriate to provide them an opportunity to explain as to why the orders of the court are not being implemented and directed the Commissioner-Secretary to Government, Law, Justice and Parliamentary Affairs and the Finance Department, appear in person to explain the reasons of failure on the next date of hearing. DB further said that in the meanwhile, respondents are at liberty to issue the compliance orders. JNF

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