SrinagarObserving that the issue cannot brook further delay, the Jammu and Kashmir High Court has directed Finance Department to take a final call on the matter related to daily-wagers working in judiciary.
We are now directing the Finance Department to take a final call on the matter at the earliest and definitely before the next date of hearing. This issue cannot brook any further delay, a division bench of Chief Justice Badar Durez Ahmad and Ali Mohammad Magrey said. People who have been working as daily-wagers in this institution for over ten years are performing their duties regularly and without which it may not be possible to run this institution, the court added.
WITH regard to the daily rated workers working in the State Judiciary, the Court had in its order dated 17 December 2016 noted the observations of the Supreme Court: ” 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 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. The State Government is to blame for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis.”
Based upon the observations, the high court, in its order dated 17.12.2016 required the State Government to respond to the observations before the next date of hearing. The matter has gone on since then on several occasions and there is no concrete outcome. In our order dated 03.07.2017, we had, after taking note of the Supreme Court’s strong observations, reiterated that the need to facilitate 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. We also reiterate the Supreme Court’s observation that the State Government was to blame for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis, the court said, adding, Unfortunately, the respondents have not understood the full meaning and purport of the Supreme Court’s observation and the directions given by this Court from time to time.
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