Srinagar March 15: The J&K High Court on Thursday directed the Commissioner-Secretary Law Department and Finance to appear before the court to explain the reasons of their failure on taking a decision on the issue of regularization of the services of daily wagers working in the state judiciary.
Justices M. K. Hanjura and A M Magrey after hearing the state attorneys observed that “the approach adopted by the concerned departments on the issue, prima facie depicts not only a brazen violation of the orders of this Court but amounts to contempt of the court also”.
But before issuing rule against the respondents, it shall be appropriate to provide them an opportunity to explain as to why the orders of the court are not being implemented, said the judges.
“Let the Commissioner-Secretary to Government, Law, Justice and Parliamentary Affairs and the Finance Department, appear in person to explain the reasons of failure on the next date of hearing”, they directed and listed the matter for hearing on 22nd of this March.
As matter was taken up for consideration, the Law Department lawyer submitted that the issue with reference to the regularization of daily wagers stood linked with the policy of the Government notified in terms of SRO 520 of 2017 dated 21.12.2017.
There is no need of implementing the orders regarding the creation of posts for the High Court and the District Judiciary as requisitioned and observed in various orders w.e.f. 8.9.2017, they argued.
Likewise the lawyer representing the Finance Department submitted that the role of his department will come into play only when the proposal is sent by the Law Department for the creation of the requisite number of posts.
On this the bench said, “we feel that the orders of the Court are either misunderstood or are deliberately and intentionally not being complied with,” and directed personal appearance of the Commissioners of the concerned departments.
The court has already directed that the issue of daily wagers with the state judiciary should not be mixed with those working in other departments of the government.
