Srinagar: The Jammu and Kashmir High Court has asked government to comply till February 5 without fail its directions on daily wagers in higher and lower judiciary.
A division bench of Justices Ramalingam Sudhakar and M. K. Hanjura passed the direction after Additional Advocate General B A Dar sought time to comply with the directions. Time is granted till 5 February 2018, to comply the direction passed by this Court from time to time without fail, the court said.
Last year, the supreme court had set aside the high court order, directing en masse regularization of 209 daily rated workers in high court and subordinate courts but it had pulled up the state government for neglecting the requirements of the state judiciary for a long period of time.
Previously Court had said that the daily wagers have been appointed because government do not sanction regular posts on time and that was why daily wagers are being engaged to meet the exigency of work.
Do you want us to call officers here do it? Otherwise we will issue mandamus to address the problem of these daily-wagers, the court had said.
“Since the issue of regularization is a matter with which the state government is seized, we are of the view that at this stage it would be appropriate and proper to set aside the impugned high court order which directs the regularization of 209 daily rated workers,” the apex court had said.
“It is unfortunate, in our view, that the state government has allowed the requirements of the state judiciary to be neglected over such a long period of time. The need to facilitate the proper functioning of the high court and 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, the Supreme Court had said, underling that it was the state government that was to be blamed for the unfortunate situation which had resulted in a large number of persons being recruited on a daily wage basis.
Meanwhile, Kashmir High Court Bar Association M. A. Qayoom submitted that no steps have been taken by the Government to construct the Chambers for practicing lawyers in the Court complex Mominabad, Srinagar. The Advocates are large in number, he said. The next phase of Advocates Chambers is a dire necessity, the court observed.
The court directed Qayoom to submit a representation to the Chief Justice, indicating the number of Advocates who need Chambers so that a plan can be prepared based on requirement.
On receipt of the representation the Registry shall after due consent of the Chief Justice forward the request to the Law Department, Government of J&K with a copy marked to Chief Engineer PWD and Chief Architect for drawing a plan for construction of Additional building to accommodate the Advocates.
Qayoom pleaded that the Advocates Chamber building can be of the same model as the Advocates Chamber building in the High Court premises. The Registry to report on progress, the court said and directed the Secretary to Government Law Department to file a status report after the High Court forwards its proposal.
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