Excelsior Correspondent
Srinagar, Dec 10: High Court today said that despite its directions and assurance of Advocate General on regularization of the daily wagers working in courts, the issues remains unaddressed and directed the authorities to examine the proposed Rules of High Court in terms of the legal position and place the report before the next date of hearing.
The Division Bench noted that before the Court there are reiterated statements of Advocate General and the Commissioner / Secretary to Government, Department of Law Justice and Parliamentary to the effect that steps for creation of posts in the State Judiciary to accommodate the daily wagers have been initiated.
DB said that this would be independent of the scrutiny which would require to be conducted after finalization of the Rules as to whetherany of the daily wagers in the courts can be legally appointed/regularized against the posts which are created in terms of the Rules finalized.
Senior counsel R A Jan representing High Court submitted that so far as prescription, suitability, eligibility and the procedure for regularization under the proposed Rules is concerned, the same is substantially as is prescribed by the authorities under SRO 520 of 2017. He added that the only variation is the prescription with regard to payment of wages which is in terms of the law laid down by the Supreme Court of India.
Court recorded that there is no dispute by the respondents that the daily wagers are discharging the same duties as are discharged by employees regularly employed in the courts in equivalent position. The respondents also accept that a onetime regularization of persons eligible under a scheme framed for this purpose has to be effected.
“In the instant case, repeated assurances and undertakings have been given by the Advocate General of the State. The orders of this Court recorded on June 10, 2016 and July 15, 2016 for resolving the issues remain unaddressed”, DB said.
DB said that it remains a fact that the issue between the High Court and the Government has not been resolved despite the passage of more than a year and 11 months.
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