Petition regarding dearth of staff in HC
Excelsior Correspondent
JAMMU, Oct 17: In a petition filed by Joginder Singh, Bench Secretary of the High Court regarding dearth of staff at various levels in the High Court and District Courts, pay anomaly in respect of officers and staff and promotional avenues to Law Graduate Readers, Division Bench of High Court comprising Justice Tashi Rabstan and Justice Sindhu Sharma has directed the Financial Commissioner Finance to file affidavit within a period of three weeks.
The DB has further directed that the affidavit shall explain the delay caused in according concurrence to the proposal sent by the Law Department to the Finance Department with regard to creation of 334 posts in Phase-1 and the affidavit shall also indicate the steps taken for according concurrence by the Finance Department for creation of 24 posts of personal staff of Judges on priority basis in view of urgency pointed out by the Registrar General in its communication dated 29.09.2022 sent to the Law Department.
The DB has also directed that the affidavit along with concurrence shall be positively filed by the next date of hearing, failing which, Secretary to Government, Department of Law, Justice and Parliamentary Affairs as well as Financial Commissioner Finance shall appear in person to explain their inaction.
The DB observed, “in terms of order dated 22.09.2022, a status report dated 07.10.2022 has been filed by the Secretary to Government, Department of Law, Justice and Parliamentary Affairs”, adding “Secretary Law, no doubt, in his status report has referred to the communication of the Registrar General dated 29.09.2022, but, only to build a case as the High Court wants the Government to take immediate steps for creation of 24 posts only on priority basis to cater the need of additional judges”.
“However, Secretary Law has failed to appreciate that the communication was sent to address the urgency regarding shortfall of necessary staff required to be attached to the Judges of the High Court owing to increase in strength from 14 to 17, that was hampering administrative of justice”, the DB said, adding “the communication nowhere suggested that the requirement of 334 posts at various levels in Phase-1 projected by the Registrar General vide his letter dated 29.01.2014 was over”.
“It appears that the Government is not serious as despite affording repeated opportunities none of the post has been created so far even after lapse of about nine years. Besides proposals mooted by the High Court seem to be gathering dust either in the office of the Secretary Law or Finance Department”, the DB said, adding “Secretary Law has failed to file affidavit despite repeated directions from this court and except for giving assurance, nothing concrete has come out as of now so far as creation of 24 posts or 334 posts at different levels of the staff are concerned”.
Keeping in view the circumstances detailed above, DB directed Financial Commissioner to file affidavit within a period of three weeks from today. DB further directed that the affidavit shall explain the delay caused in according concurrence to the proposal sent by the Law Department to the Finance Department with regard to creation of 334 posts in Phase-1 and the affidavit shall also indicate the steps taken for according concurrence by the Finance Department for creation of 24 posts of personal staff of Judges on priority basis in view of urgency pointed out by the Registrar General in its communication dated 29.09.2022 sent to the Law Department.
DB further ordered that the affidavit along with concurrence shall be positively filed by the next date of hearing, failing which, Secretary to Government, Department of Law, Justice and Parliamentary Affairs as well as Financial Commissioner Finance shall appear in person to explain their inaction.
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