*Finance Deptt sleeping over Law Deptt’s communiqué
Mohinder Verma
JAMMU, June 21: They are playing vital role in providing justice to the litigants by disposing of those cases, which are pending for a long period, but justice continues to elude them since March this year mainly because of the non-serious attitude maintained by those at the helm of affairs in the Finance Department.
This is the sordid tale of 38 Additional and Special Mobile Magistrates, who were appointed with the sole objective of helping in reducing the pendency of cases, which otherwise has assumed alarming proportion in Jammu and Kashmir.
Official sources told EXCELSIOR that 13th Finance Commission of India had recommended creation of morning and evening courts in all the States across the country with the sole objective of ensuring improvement in justice delivery by reducing the number of pending cases. In this direction, the Commission recommended release of grant-in-aid to the State Governments for a period of five years from 2010-2015.
Though for initial three years the concerned authorities of the State Government remained slept over the recommendation for creation of morning and evening courts, about two years back the State created 38 courts of Additional and Special Mobile Magistrates on the ground that climatic conditions don’t permit creation of morning and evening courts. Even the requisite staff was appointed for these courts.
For two consecutive years, these courts continued to function and provide justice to the litigants, whose cases were pending for quite long time, with the financial assistance provided under the 13th Finance Commission award. However, since March this year those providing justice to others are themselves craving for justice as following completion of 13th Finance Commission Award period on March 31, 2015, they are without salaries.
“Though Law Department wrote to the Finance Department in the month of April this year for release of funds for payment of salaries to 38 Magistrates and staff of courts being held by them, those at the helm of affairs in the Finance Department are sleeping over the same”, sources regretted, adding “the non-serious attitude of the Finance Department is notwithstanding the fact that Law Department has categorically stated in the communiqué that these 38 courts of Additional and Special Mobile Magistrates have been playing vital role in reducing pendency of cases”.
In response to a question, sources said, “since 14th Finance Commission has not recommended any grant in this direction, it becomes imperative on the part of State Finance Department to bear the expenditure for the smooth functioning of these courts”, adding “there is no point in denying justice to those who are providing the same to others”.
Meanwhile, State Government has lost Rs 12 crore financial assistance provided by the 13th Finance Commission for appointment of Court Managers because of confrontation between the State High Court and Public Service Commission.
The process of making selection of 24 Court Managers as recommended by the 13th Finance Commission was set in motion in February 2012 when the Public Service Commission vide Notification No.03-PSC of 2012 dated February 24, 2012 advertised 24 posts of Court Managers. Thereafter, the interviews of the short listed candidates were conducted and on the basis of performance in the interviews coupled with the weight-age in respect of academic merit and other related parameters, the selection was made.
Accordingly, the list was forwarded to the High Court for issuance of appointment orders.
However, the High Court observed that the selection of the Court Managers was not made strictly in accordance with the laid down norms and sent the list back to the Public Service Commission.
Thereafter, High Court and Public Service Commission remained at loggerheads despite intervention by the Law Department and due to deadlock the funds to the tune of Rs 12 crore remained un-utilized and those selected by Public Service Commission could not get appointments.
“As the award period of 13th Finance Commission has ended and 14th Finance Commission has not made any explicit recommendation in this regard, the appointment of Court Managers has become a thing of past”, sources said.
It is pertinent to mention here that creation of 24 posts of Court Managers in J&K Judiciary was recommended by the 13th Finance Commission with a view to enhance the efficiency of court management and resultant improvement in case disposal. The recommendation was made on the ground that Court Managers, with MBA degrees, would support the Judges to perform administrative duties thereby enabling the Judges to devote more time to their judicial functions.
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