Regularization Of Daily Wagers In Judiciary: SC Puts HC Orders In Abeyance

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SRINAGAR — The Supreme Court of India has put in abeyance all the orders of Jammu and Kashmir High Court regarding regularization of daily wagers working in judiciary and granted government three weeks to settle the issue.   

A division bench of the apex court comprising Justices A.M. Khanwilkar and Ajay Rastogi passed the orders after hearing Advocate General for the State D.C. Raina who in all fairness submitted that in view of the subsequent events and the interaction between the high officials of the High Court and the State Government, an agreement in principle has been reached on the subject matter and the modalities are being worked out. He said that may take some time but that will put an end to the issue regarding regularization of the daily rated workers involved in the suo motu before the high court. 

“We, therefore, refrain from expressing any opinion for the present, in view of the request made on behalf of the State Government. For the time being, we keep all the orders passed by the High Court, which are challenged in this special leave petition, in abeyance, to enable the parties to discharge their obligations to accomplish the in principle agreement reached during the interaction on 24.10.2018,” the division bench of the supreme court said and granted three months’ time to the parties for that purpose. 

“In the event of any outstanding issue with regard to the subject matter upon expiry of three months from today, it will be open to the High Court to deal with the same in the writ petition pending before it, in accordance with law,” the court said, adding, “All aspects in that behalf are left open. We clarify that, in the meantime, it will be open to the High Court to proceed with the hearing of writ petition on issues other than regularisation of the daily rated workers engaged by the High Court, if so advised.” 

The court accordingly disposed of the SLP. The court also vacated its interim order dated 23 March 2018  by virtue of which stay was ordered on further proceedings in OWP No. 260/2014 and SWP No. 630/2016 pending before the High Court of Jammu and Kashmir at Srinagar.

Last year, the Jammu and Kashmir High Court came down heavily on government for its failure to delink issue of daily wagers of judiciary with other government departments, terming it as ‘brazen violation’ of its orders. 

On March 7 last year, the Court had directed Finance Department to take a final call on the matter related to daily-wagers working in judiciary, underling that the government was unnecessarily linking it to daily wagers of other departments. 

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