Rashid Paul

Take final call on regularization of judicial employees

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HC tells Govt. …

Srinagar March 12: The J&K High Court today directed the state Finance Department to take a final call on the issue of regularization of the services of hundreds of daily wagers working in the state judiciary saying “the issue cannot brook any further delay”.

Chief Justices Badr Durrez Ahmed and Justice A M Magray directed the state Finance Department to take a final call on the issue of regularization of the services of these workers at an earliest and file compliance before the next date of hearing.

“This issue cannot brook any further delay. 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”, said the court warning if the order is not immediately complied it shall amount to interference with the course of justice.

The court observed that a letter dated 11.08.2017, issued by the Assistant Legal Remembrance, Department of Law, Justice and Parliamentary Affairs in the matter displays a complete lack of understanding of court directions.

It referred to the Supreme Court observations on the issue where in 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 apex court had also observed that 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", it had said.

The High Court observed that unfortunately, the respondent state government has not understood the full meaning and purport of the Supreme Court's observation and the directions given by High Court from time to time.

It said the State Government was unnecessarily linking up the issue of daily-wagers in the judicial system with daily-wagers in other departments of the Government.

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