HC seeks Govt response to SC observation on daily wagers’ recruitment

Fayaz Bukhari
SRINAGAR, Dec 19: The High Court today sought response from the Government about the observation made by the Supreme Court in which Government has been blamed for creating situation of recruiting a large number of persons on daily wage basis.
Supreme Court has set aside the Jammu and Kashmir High Court order of en-mass regularization of daily wagers in State judiciary and castigated the State Government for creating a situation where large numbers of people have been recruited on daily wage basis.
Over  61,000 daily wagers have been appointed by the State Government over the years.  The Apex Court had said that working on daily wage basis for certain period is not a ground for regularization.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey while hearing a PIL on various issues in judiciary directed the State Government to respond the observation of the Supreme Court in which Government has been held responsible for creating situation of recruiting persons on daily wage basis on large scale.
A bench of Supreme Court headed by Chief Justice early this month passed a judgment in which the interim order of High Court directing the respondent-State to create equal number of posts for Daily Rated Workers, working in the State Judiciary has been set aside.
Supreme Court while setting aside the order of DB said the State Government is to blame for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis.
With setting aside the order of the High Court, an observation has been passed by the Supreme Court holding the State Government responsible for creating such kind of situation.
“It is unfortunate in our view, that State Government has allowed the requirements of the State judiciary to be neglected over such a long period of time and the need to facilitate the proper functioning of the High Court and the district judiciary is a Constitutional necessity which imposes a non-negotiable obligation on the State Government to create an adequate number of posts and to provide sufficient infrastructure”, read the observation of Supreme Court to which the DB of High Court sought response from the State Government by or before December 21.
DB while hearing the matter reiterated this observation of Supreme Court and directed the State Government to respond to this. “The State Government shall also have to respond to the aforesaid observation of Hon’ble Supreme Court before the next date of hearing”, Justice Attar and Justice Magrey directed.
It may be mentioned here that the Supreme Court in its detailed judgment recorded the observation of the High Court made in its one of the orders passed in December last year in which Division Bench of High Court had observed that over a considerable period of time the State Government has not created the required number of posts for the State judiciary as a result of which work has been hampered and appointment of daily rated workers was necessitated to ensure that judicial work does not suffer and opined that these workers have been rendering work which should have been assigned to persons appointed on a regular basis against sanctioned posts.
Meanwhile, Court also sought latest compliance report from the authorities about the present stage of construction of District Court Complex Srinagar as also Additional District Court Block, Anantnag by next date of hearing.

LEAVE A REPLY

Please enter your comment!
Please enter your name here