Excelsior Correspondent
SRINAGAR, Nov 18: High Court today sought response from the Law, Justice and Parliamentary Affairs Department with regard to the approval of rules for regularizing the engagement of daily wagers of High Court and Subordinate Courts.
The response has been sought by the division bench of Chief Justice Gita Mittal and Justice Puneet Gupta after the court was informed about the communication addressed by the Registrar General of High Court to Secretary LJ&PA seeking information from him with regard to approval of draft rules as per the comfort to the judgment of Supreme Court.
“Let the Secretary Department of LJ&PA shall file the response to the communication date 21.8.2020 by next date of hearing”, DB directed. The said communication was addressed to Secretary LJ&PA with regard to approval of two sets of draft rules.
Full Court has framed two sets of rules in 2018 viz ‘The J&K High Court Casual and other workers Regular Engagement Rules’ and ‘The J&K District Judiciary Casual and other Workers Regular Engagement Rules’ whereby conditions and guidelines for regularizing the services of Daily Wagers of High Court and District Court have been laid down.
These two sets of Rules were forwarded to LJ&PA Department for approval and for placing necessary funds at the disposal of court for payment of wages to the employees by these rules.
Registrar General in his communication said the competent authority has been pleased to direct that the Rules must comfort to the Judgment of Supreme Court, which it made in detailed judgment in which Government was blamed for the unfortunate situation which has resulted in a large number of persons being recruited on a daily wage basis and had held responsible the Government for creating situation of recruiting persons on daily wage basis on large scale.
Supreme Court in its detailed judgment had recorded the observation of the High Court made in its one of the orders, in which division bench of High Court had observed that over a considerable period of time the J&K 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.
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