Excelsior Correspondent
JAMMU, Mar 15: Taking serious note of casual approach in regularization of daily wagers in judiciary, Division Bench of the State High Court comprising Justice Ali Mohammad Magrey and Justice MK Hanjura today directed Commissioner Secretaries of Law, Justice and Parliamentary Affairs and Finance Department to appear in person to explain the reasons of failure on the next date of hearing.
When the Public Interest Litigation came-up for hearing, AAG M I Dar appearing for the Law Department submitted that issue with reference to the regularization of daily wagers stands linked with the policy of the Government notified in terms of SRO 520 of 2017 dated 21.12.2017 and 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 with effect from September 8, 2017.
On the other hand, Government Advocate Sheikh Umar Farooq appearing for the Finance Department submitted that their role will come only when the proposal is sent by the Law Department for the creation of requisite number of posts.
After hearing both the counsels for the State, Division Bench observed, “we feel that the orders of this court are either misunderstood or deliberately and intentionally not being complied with”, adding “despite there being a clear direction for delinking of the daily wagers of the judiciary, the respondents are still mixing them with the daily wagers of other Government departments.”
“The approach adopted, therefore, prima facie depicts not only a brazen violation of the orders of this court but amounts to contempt of the court also. Thus, 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”, the DB said.
Accordingly, DB directed the Commissioner Secretaries of Law, Justice and Parliamentary Affairs and the Finance Departments to appear in person to explain the reasons of failure on the next date of hearing. “In the meanwhile, respondents are at liberty to issue the compliance orders”, the DB added.
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