Fayaz Bukhari
Srinagar, Feb 8: The State High Court today directed the State Government to file its stand about the observation made by the Supreme Court in which it has been blamed for creating situation of recruiting a large number of persons on daily wage basis in the State.
The Division Bench of Justice Ali Mohammad Magrey and Justice Dhiraj Singh Thakur while hearing a PIL on various issues in judiciary directed the State Government to respond to the observation of the Supreme Court in which Government has been held responsible for creating situation of recruiting persons on daily wages basis on large scale.
Supreme Court bench headed by Chief Justice last year in the month of December while hearing a petition filed by the State challenging the DB order of High Court wherein State was directed to create equal number of posts for Daily Rated Workers, working in the State Judiciary has been set aside. Supreme Court while setting aside the order of DB observed 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.
State Counsel M I Dar (AAG) has appeared on behalf of the State sought time to file the response of the observation made by the Supreme Court with regard situation of recruiting a large number of persons on daily wage basis. “M. I. Dar, AAG, seeks and is granted two weeks’ time to file response to order dated 17th December 2016″, read the order of the DB.
While setting aside the order of State High Court, an observation has been passed by the Supreme Court in which it held the State Government responsible for creating such kind of situation. “It is unfortunate in our view, that State Government has allowed the requirements of the State judiciary to be neglected over such a long period of time and 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”, reads the observation of Supreme Court observation to which the DB of High Court sought response from the State Government by or before December 21.
The Division Bench while hearing the matter reiterated this observation of Supreme Court during the court proceedings and directed the State Government to respond to this observation and directed the matter be listed after two weeks.
It may be mentioned here the Supreme Court in its detailed judgment recorded the observation of the High Court made in its one of the orders passed on December last year in which Division Bench of High Court had observed that over a considerable period of time the State Government has not created the required number of posts for the State Judiciary as a result of which work has been hampered and appointment of daily rated workers was necessitated to ensure that Judicial work does not suffer and opined that these workers have been rendering work which should have been assigned to persons appointed on a regular basis against sanctioned posts.
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