DB order if compliznce is not done, Commissioner Secretary, Finance Department shall not draw his salary

Petition regarding dearth of staff

31/08/2023

Jammu, Aug 30: In a petition filed by Joginder Singh regarding dearth of staff at various level (i.e.) High Court and District Courts, Pay Anomaly in respect of officers and staff and promotional avenues to Law Graduate Readers of the High Court, A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Rahul Bharti, granted three weeks time as last opportunity to come up with the compliance report in terms of an order dated 29.05.2023 reiterated on 12.07.2023.
DB made it clear that in case the needful is not done by the next date of hearing, the respondent no. 2-Commissioner/Secretary, Finance Department, J&K Govt. Civil Secretariat, Jammu/Srina-gar shall not draw his salary,
It is worthwhile to mention here that earlier the Court from a bare perusal of the minutes of the meeting mentioned supra, it is manifestly clear that the Chief Secretary has agreed in principle for the creation of staff in the various cadres of the High Court of J&K and Ladakh in a phased manner and consequently, the Chief Secretary by virtue of order dated 29th May, 2023 was directed to file report in this regard indicating as to how he would be going ahead with the creation of the posts as proposed by the High Court which was agreed in principle in a phased manner indicating clearly the timelines for achieving the target. The compliance report in terms of order dated 29th May 2023 has been filed by Mrs. Kohli, Sr. AAG appearing on behalf of the respondents and the same has been taken on record.
The respondents while filing the compliance report have taken a specific stand that in pursuance to the order passed by this Court dated 29th May 2023, the matter was taken up with the Finance Department vide UO dated 2nd June, 2023 for further course of action and after discussing the matter in detail, it was desired that the matter, as regards to the creation of staff in various cadres of the High Court of J&K and Ladakh in a phased manner in conformity with the direction passed by the Court is concerned, be examined by the Finance Department keeping in view the various factors including the financial health of UT of J&K. counsel appearing on behalf of the respondents while filing the compliance report has also placed on record Annexure-R1, which indicates the proposal to increase the staff in the High Court keeping in view the enhancement of the strength of the Judges of this Court from 14 to 17 and also the creation of additional posts in the High Court vide communication dated 10th July, 2023 issued by the Department of Law, Justice and Parliamentary Affairs to the Additional Registrar of this Court. Since the direction passed by this Court dated 29th May 2023 was specific to the extent of indicating as to how the Chief Secretary would be going ahead with the creation of posts as proposed by the High Court in a phased manner indicating clearly the timelines for achieving the target but from the perusal of the compliance report filed by the respondents, it reveals that there is no whisper in the compliance report with regard to the creation of 334 posts as proposed by the High Court in a phased manner indicating the timelines for achieving the target. The compliance report is silent on this aspect and the affidavit nowhere indicates the steps taken by the Chief Secretary with respect to going ahead with the creation of 334 posts proposed by the High Court in a phased manner which has been agreed in principle by the Chief Secretary in the minutes of the meeting held under the Chairmanship of Hon’ble the Chief Justice in the High Court Complex, Srinagar on 25th May 2023, wherein, the aforesaid agenda was discussed and deliberated in detail.
DB observed that it is quite astonishing to note that the Government has been sitting over the proposal of the High Court with respect to the creation of 334 posts for the last more than 07 years with impunity and is adopting dilly dally tactics without any justifiable cause. The order pass-ed by this Court dated 29th May 2023 has not been implemented in its letter & spirit wherein a specific direction was issued to Mrs. Kohli, Sr. AAG to file fresh report indicating as to how the Chief Secretary would be going ahead with the creation of the posts as proposed by the High Court in a phased manner indicating clearly the timelines for achieving the target. The compliance report is silent with respect to the steps taken in furtherance of the direction passed by this Court dated 29th May 2023 coupled with the decision taken in the minutes of the meeting held on 25th May 2023, nor there is any whisper with regard to the timelines for achieving the aforesaid target as agreed in principle by the Chief Secretary himself. With a view to proceed further in the matter, this Court deems it appropriate to grant another opportunity of two weeks to the respondents to file better affidavit strictly in conformity with the directions passed by this Court on 29th May, 2023 indicating as to how the Chief Secretary would be going ahead with the creation of 334 posts as proposed by the High Court of J&K and Ladakh way back in the year 2015 in a phased manner as agreed in principle in the minutes of meeting held on 25th May 2023 by indicating clearly the timelines for achieving the target.
Let the aforesaid better affidavit be filed within a period of two weeks' in the manner as indicated above, failing which, this Court would be constrained to take coercive measures which may include stoppage of salary of the concerned as already directed by this Court vide order dated 29th May 2023.
Insofar as the issue with respect to the creation of 24 posts is concerned, the same stands implemented by the Department of Law, Justice and Parliamentary Affairs by the issuance of Govern-ment Order No. 6843-JK(LD) of 2023 dated 25th May, 2023 in pursuance to the Administrative Council Decision No. 40/4/2023 dated 22nd May, 2023. Accor-dingly, a direction is issued to the Registrar General of this Court to initiate the process of filling the aforesaid 24 posts expeditiously and Registrar General is further directed to file compliance report in this regard on or before the next date of hearing. JNF

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