*Application moved before DB to avoid appearance of officers
Mohinder Verma
JAMMU, Aug 17: The fate of 38 Additional and Special Mobile Magistrates, which is hanging in balance during the past nearly five months, would be finally decided by the State Cabinet, which is likely to meet during the current week, as they cannot be paid salaries till the equal number of posts are formally created. In the meantime, the State Government has moved an application before the Division Bench of the High Court on the subject in order to avoid personal appearance of the top officers.
These 38 courts of Additional and Special Mobile Magistrates were created under the Award of the 13th Finance Commission for improving justice delivery system by reducing the number of pending cases. Actually, the 13th Finance Commission had directed for establishment of morning and evening courts but keeping in view the climatic and topographical conditions of the State, the J&K Government decided to establish courts of Additional and Special Mobile Magistrates.
These courts were created vide Government Order No. 929-LD(A) of 2012 dated 27.02.2012 and GO No. 2011-LD(A) of 2012 dated 20.06.2012. The award period of 13th Finance Commission expired on March 31, 2015 and 14th Finance Commission didn’t keep any provision for such courts as a result of which 38 Judicial Officers as well as staff working in these courts could not get salary from April 2015 onwards.
The plight of these 38 Judicial Officers was highlighted exclusively by EXCELSIOR in its edition dated June 22 and taking suo-moto cognizance of hardships being faced by these Judicial Officers the Division Bench of State High Court on July 31 directed the State Government to release Rs 4.5 crore for payment of salary to these Judicial Officers and their staff.
The DB even issued notice to the Chief Secretary and Law Secretary for their response and compliance report to be filed by August 4. While issuing notice, the DB had remarked, “the State Government cannot shirk its responsibility on the alleged plea of financial crunch. It is well settled proposition of law declared by Supreme Court that it is the responsibility of the person running the administration to find out the source to extend the guaranteed rights of the citizens”.
As there was no compliance of the directions, the Division Bench on August 11 directed for personal appearance of Chief Secretary, Law Secretary and Commissioner Secretary Finance Department in case of further delay in release of Rs 4.5 crore for salary of the Judicial Officers. The DB granted time till August 17, which elapsed today.
“When these courts were created, it was explicitly mentioned in the order that creation is subject to the condition that the term of these courts should be co-terminus with Government of India funding”, sources said, adding “keeping this aspect in mind, Government cannot release funds unless posts of 38 Additional and Special Mobile Magistrates are formally created for which the approval of Cabinet is imperative”.
They disclosed that Law Department as advised by the Chief Secretary has prepared and submitted a memorandum vis-à-vis creation of posts of 38 Judicial Officers to the General Administration Department for placing before the Cabinet, which is likely to meet during current week.
Stating that fate of these 38 Judicial Officers is to be decided by the Cabinet, sources said, “the creation of these posts involve financial implication of Rs 18 crore per annum and unless there is formal creation order, Finance Department cannot recommend or release funds for payment of salaries to the Additional and Special Mobile Magistrates”.
In response to a question, sources said, “the Cabinet may consider whether these courts have met the objective of reducing pendency, which was the real motive behind creation of 38 courts of Additional and Special Mobile Magistrates”.
Since no exact date has so far been finalized for holding Cabinet meeting, the Law Department has moved an application before the Division Bench of State High Court seeking extension in time for release of funds for payment of salaries to 38 Judicial Officers. “The compulsion of creating posts and seeking Cabinet approval has also been elaborated in the application”, sources said, adding “in the application exemption in personal appearance of the Chief Secretary, Law Secretary and Finance Secretary has also been prayed for”.
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