Jammu & Kashmir High Court
Joginder Singh And Ors vs State Of J&K; And Ors on 27 February, 2018
Bench: Ramalingam Sudhakar, Dhiraj Singh Thakur
S. No.1
Supplementary
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SWP No. 2037/2017
MP No. 1/2017
Date of order:27.02.2018
Joginder Singh and ors. Vs. State of J&K and ors.
Coram:
Hon'ble Mr. Justice Ramalingam Sudhakar, Judge
Hon'ble Mr. Justice Dhiraj Singh Thakur, Judge
Appearing counsel:
For Petitioner(s) : Petitioner No. 1 in person
For respondent (s) : Mr. H.A.Siddiqui, Sr. AAG
Mr. A.V.Gupta, Sr. Advocate with Mr. Aditya Gupta, Advocate
i) Whether to be reported in Digest/Journal : Yes/No.
ii) Whether approved for reporting in Press/Media : Yes/No.
1. We have heard Mr. Joginder Singh, petitioner No. 1, Mr. A. V. Gupta, learned Senior Advocate assisted by Mr. Aditya Gupta appearing on behalf of the High Court and Mr. H.A.Siddiqui, learned Senior Additional Advocate General representing the State.
2. Registrar General has submitted a Status Report dated 09.02.2018 and that is taken on record.
3. Learned Senior Counsel, Mr. Gupta says that he does not have the copy of the Status report.
4. Joint Registrar (Admn), Jammu and Kashmir High Court Main Wing is directed to provide a copy of the Status Report to learned Senior Counsel for enabling him to argue the matter in Court. Joint Registrar (Admn) will also SWP No. 2037/2017 Page 1 of 11 S. No.1 Supplementary
-1 provide all necessary material to the learned Senior Counsel for effective adjudication of the matter on the next hearing date.
5. We have perused the Status Report of Mr. Khursheed Ah. Bhat, Deputy Legal Remembrance, Department of Law, Justice and Parliamentary Affairs signed but without date. We would like to inform the Deputy Legal Remembrance that henceforth every affidavit or document should be signed and dated. He should set an example to other department officials.
6. The annexures to the Status Report were considered and after going through the records, it is found there is some error in file No. 6455/GS dated 05.06.2017 in between the High Court and the Government. The correct particulars are not available.
7. We also find that each issue has not been addressed on its own terms. For example, the creation of posts of Registrar(Administration), Registrar (Management), Registrar (Inspection) and Registrar (Recruitment) is different from creation of posts of all cadres consequent to increase of the strength of the High Court Judges from 14 to 17.
8. The request of Registrar General addressed to the Secretary to Government, Department of Law, Justice and Parliamentary Affairs, Civil Secretariat, Srinagar vide No. 6455/GS dated 05.06.2017 is as follows:
"High Court of Jammu and Kashmir at Srinagar To The Secretary to Government, Department of Law, Justice and Parliamentary Affairs, Civil Secretariat, Srinagar.SWP No. 2037/2017 Page 2 of 11
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-1 No. 6455/GS dated 05.06.2017 Subject: OWP No. 260/2014 titled District Bar Association Bandipora vs. State of J&K and ors.
Esteemed Sir, Ever since our independence "Dispensation of Timely Justice' has always been main objective of our Judicial System. In this regard, lack of infrastructure both human and physical, has always been a bottle-neck towards achievement of this objectives time and again various Constitutional bodies like Law Commission of India and repeatedly in the successive Chief Justices' conference stress has been laid for augmentation of infrastructure in the High Court and Subordinate Courts.
As a follow up to the recommendations of constitutional bodies like Law Commission of India and resolutions adopted repeatedly in Chief Justices' Conferences, a number of proposals regarding creation of additional posts in the High Court and Subordinate Courts have been sent to your department for requisite sanction. Despite lapse of considerable time nothing substantial has so far been heard in these matters.
It does not need any retitling that most of the proposals are based on the resolutions adopted in the Chief Justices' Conferences and in the joint Conferences of the Hon'ble Chief Ministers of the States and Hon'ble Chief Justices of the High Court. As such, these proposals deserve due deference. But I am constraint to say that generally in majority of matters middle level Government functionaries raise queries to the proposals which are simply uncalled for.
Through the medium of the communication, I am under instructions to request you to look into the matter personally and ensure that proposals as tabulated herein below which are pending consideration in your department. See light of the day at the earliest.
S.No Proposal Factual Position No. of Posts to be created
1. Creation of two A request for the creation of Registrar Inspection 2 posts posts of Registrar the post of Registrar of the level of District Inspection along Inspection along with the Judge (one for with support staff support staff was sent to you Jammu and other for (one for Jammu and for requisite sanction of the Srinagar SWP No. 2037/2017 Page 3 of 11 S. No.1 Supplementary
-1 the other for Government way back in Joint Registrar 3 posts Srinagar) 2009. Inspection in the However, Hon'ble Full cadre of Sub Judge Court in its meeting held on Assistant Registrars 3 posts 18.04.2015, while Sr. Scale 3 posts deliberating upon the Stenographers resolution adopted in the Jr. Scale 3 posts Chief Justices' 2015, Stenographers resolved that the Government Head Assistant/Sr. 3 posts be requested for creation of Assistants/Jr. each two posts of Registrars Assistants Inspection along with staff Drivers 2 posts (one for Jammu and the other Orderlies 8 posts for Srinagar). This issue was also deliberated in the meeting of the Hon'ble Chief Justice with the Hon'ble Chief Minister held on 18.04.2015.
Formal request for the creation of these two posts was sent to your good self vide No. 17332/GS dated 15.10.2015. In the intervening period your department raised some queries which have been duly responded to vide this Registry letter No. 10535/GS dated 31.05.2016.
2 Creation of the post A request for the Creation of Registrar (Adm) of 2 posts of Registrar (Adm) the post of Registrar (Adm) the level of District (one and Registrar and Registrar (Management) Judge each for (Management) in in each wing of the High two each wing of the Court of J&K along with the wings High Court of J&K requisite staff was submitted Section Officer 2 posts along with the to your department vide this Sr. Scale 2 posts requisite staff Registry letter No. 1983/GS Stenographer dated 11.05.2015. Thereafter Head Assistant/Sr. 2 posts tentative financial Assistant/Jr. each implications involved in the Assistants matter were also sent to the Drivers 2 posts Government by this Orderlies 8 posts Registry's letter No. 17116/GS dated 12.10.2015.
Registrar 2 posts
(Management) of the (one
level of District each for
Judge two
wings)
Section Officer 2 posts
Sr. Scale 2 posts
Stenographers
Head Assistant/Sr. Two
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Assistants/Jr. posts
Assistants each
Drivers 2 posts
Orderlies 4 posts
3. Creation of the post Filling up of post at various
Registrar 1 post
of Registrar levels of the judicial hierarchy
(Recruitment) of the
(Recruitment Cell) is being monitored by the level of District
along with staff Hon'ble Supreme Court on Judge
judicial side in case titled Joint Registrar in the 1post
Malik Mazhar Sultan and ors. level of Sub Judge This High Court does its levelDeputy Registrar 1 post best to ensure that posts are Section Officer 3 posts filled up with utmost Sr. Scale 3 posts promptitude. However,Stenographer absence of a special Head Assistant/Sr. 3 posts Recruitment Cell in this Assistants/Jr. each Court, at times, delays the Assistants timely completion of Drivers 1 post recruitment processes. Orderlies 6 posts In the said background, a request for creation of the post of Registrar (Recruitment Cell) along with requisite staff, was submitted to your Department, vide this Registry letter No. 1982/GS dated 11.05.2015. Tentative Financial implications involved in the proposal were also transmitted to your department by letter No. 17060-A dated 12.10.2015.
4. Creation of nine Present sanctioned strength Research Assistants 9 posts posts of Research of Hon'ble Judges in the High Assistants in the Court of J&K is 17. State High Court. Government has created 08 posts of Research Assistants.
These posts have been duly filled up. Thus at present services of Research Assistants are being provided to eight Hon'ble Judges.
A request for creation of another nine (09) posts of Research Assistants was sent to your department vide communication No. 14192/GS dated 02.07.2016 for requisite sanction which is pending consideration in your Department the Government.
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5. Proposal to increase Keeping in view the Joint Registrar 1 post the Staff in the High enhancement of the strength (Adm) Court keeping in of the Hon'ble Judges of this Secretary 10 posts view the High Court from 14 to 17, a Bench Secretary 10 posts enhancement of proposal for development of Deputy Registrars 1 post Hon'ble Judges of infrastructure and increase in Assistant Registrars 2 posts this High Court from staff of High Court was Private Secretary 10 posts 14 to 17. submitted to the State Reader 10 posts Government vide this Sr. Scale 10 posts Registry communication No. Stenographers 18010/GS dated 29.01.2014 Section Officers 2 posts read with communication No. 19949/GS dated 26.11.2015 Head Assistants 4 posts and 6207/GS dated 30.5.2017. Jr. Scale 10 posts It is pertinent to mention Stenographer here that Secretary to Senior Assistants 04 posts Government, Department of Junior Assistants 5 posts Law, Justice and Restorer 10 posts Parliamentary Jamadar 10 posts Orderlies 20 posts Staff Car Driver 10 posts Computer Operator 10 posts Home Peon 10 posts Gardner 10 posts
6. A proposal for The resolution adopted in (For High Court) 1 post creation of the Chief Justice Conference, Joint Director Statistical Cell for 2013 underlined the Deputy Director 2 posts the High Court of importance of engaging Assistant Director 3 posts J&K and District professional Statisticians in Statistical Officer 3 posts Courts the High Courts for collection Senior Statistical 3 posts and processing of data. Assistant While taking follow up Junior Statistical 3 posts action to the resolution Assistant adopted in the said Conference, a proposal for creation of Statistical Cell for the High Court of J&K and District Courts was sent to your Department by this Registry's No. 15010 A/C dated 06.12.2013 (For District Courts ) One Assistant post Director/Statistical each in Officer/Senior every Statistical District Assistant/Junior Statistical Assistant SWP No. 2037/2017 Page 6 of 11 S. No.1 Supplementary
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7. Creation of eight A request for Creation of Orderlies 08 posts posts of Orderlies eight posts of Orderlies (Supernumerary (supernumerary) for (supernumerary) for posts) regularizing the regularizing the services of services of eight eight orderlies (Adhoc) who orderlies (Adhoc)have completed seven years who have completed service has been sent vide seven years service.communication No. 24471/NG dated 11.03.2015
8. Restructuring of A comprehensive proposal Assistant Registrar 1 post staff Pattern of for Accounts Officer 1 post Judicial Academy restructuring/reorganization Accountant cum 1 post of the staff pattern of the Head Assistant Jammu and Kashmir State Jr. Scale 2 posts Judicial Academy, after the Stenographer same having been duly Librarian 2 posts approved by Hon'ble Judge Library Assistant 2 posts in-charge of the Academy and Senior Assistant 3 posts the Chief Patron (Hon'ble the Steno Typist 2 posts Acting Chief Justice) , was Junior Assistant 5 posts submitted to your department Computer Gadget 3 posts for requisite sanction vide Operator Communication No. Electronic Gadget 2 posts 10697/GS dated 17.08.2011 Operator read with Communication Jamadar 1 post dated 19.02.2015, 29.03.2016 Orderly 4 posts & 25.05.2016 Chowkidar 2 posts Safaiwalla 2 posts
9. Creation of pose one This High Court is pursuing Registrar Computer 1 post of Registrar an ambitious project in the level of District Computer of the regarding computerization in Judge rank of District the High Court and Joint Registrar 2 posts Judge and two posts Subordinate Courts across the (Computer) from IT of Joint Registrar State, under the aegis of e- field (Computers) from IT Committee, Hon'ble Supreme Field. Court of India. At the High Court level, themater is being executed under the able-
leadership of the Hon'ble
Committee on
Computerization and e-
Governance.
In this regard, on the
strength of the
recommendation of the
Hon'ble Committee on
Computer and IT and
resolution adopted by the
Hon'ble Full Court, a request
for creation of one post of
District Judge and two posts
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of Joint Registrars from IT
field having high technical
qualification and vast
experience in the field has
been sent to your department
vide communication No.
5213/GS dated 18.05.2017 of
this Registry.
10. Request for creation Absence of a permanent (For High Court and 2 posts
of permanent posts cadre for e-Court project is Districts and Taluka
of Technical proving to be a bottle-neck in Courts)
manpower for e- achieving the intended object Programmers/Senior
Courts e-Court project System Officers
In this regard a request for Assistant 26 posts
creation of permanent posts of Programmers/System
Technical manpower in the Officers
High Court, District and Technical 110
Taluka (Muffasalat) Courts Assistants/System posts
across the State, was sent vide Assistants
communication No. Orderlies 102
14441/GS dated 22.03.2013. posts The matter is still pending consideration of the Government.
11. a) Creation of 107 Vide this Registry's letter No. Sanitary Supervisor 2 posts posts of Sweepers 1981/GS dated 11.05.2015, a Sweepers 107 along with two posts request for creation of 107 posts of Sanitary posts of Sweepers along with Supervisors in the two posts of Sanitary Subordinate Courts. Supervisors in the Subordinate Courts was submitted to your department which was returned with the request to consider the feasibility of outsourcing the job of sweepers in subordinate courts for the reasons that huge financial implications are involved in the creation of these posts.
The said query was duly responded vide letter No. 35200/GS dated 20.01.2016 of this Registry.
b) Creation of watch District Court complex at and ward staff for Mominabad, Srinagar which Safaiwala 22 posts District Court shall house all the Courts at Chowkidar 02 posts Complex, Srinagar Headquarter is likely Head Gardner 01 post Mominabad, to be inaugurated shortly. Gardner 17 posts Srinagar. The cleanliness and Staff operation of 02 posts sanitation as well as watch EPABX C.C.TVs SWP No. 2037/2017 Page 8 of 11 S. No.1 Supplementary
-1 and ward of the complex is an important issue. In this regard, your department has been requested to take steps for creation of 22 posts of Safaiwala, 02 posts of Chowkidar,01 post of Head Gardner, 17 posts of Gardner and 02 posts operation of EPABX and C.C.TVs.
In addition to above, it is worthwhile to mention that the Hon'ble Court in the above petition, has directed to send updated and consolidated proposals to the State Government. So besides above proposals, following posts are also requested to be created at the earliest because no major creation of posts at different levels in the High Court Registry has been made since 1997 even though the workload in the Registry has increased manifold:-
S. Detail
No.
1. Creation of additional posts of 209 posts
orderlies in the High Court and
Subordinate Courts : At present, in order to cope up with the increasing work load in High Court and Subordinate Courts, services of daily wager orderlies are being utilized for past several years.
2. Additional Creation of posts in Additional 3 posts the High Court Registry- Registrars consideration of the representation of the President High Court Staff Welfare Association Joint Registrars 04 posts Deputy Registrars 04 posts Assistant 12 posts Registrars Section Officers 15 posts Head Assistants 16 posts Jr. Scale Steno 05 posts Sr. Assistants 35 posts Steno/Typist 10 posts Jr. Assistants 50 posts Orderlies 70 posts
3. Creation of posts for smooth upkeep of High House 10 posts Court Guest Houses and Huts Keepers SWP No. 2037/2017 Page 9 of 11 S. No.1 Supplementary
-1 Cooks 05 posts Lastly, it is pertinent to mention here that Central Project Coordinator e-Courts has intimated that Hon'ble Committee on Computer and IT in its meeting held recently has decided that High Court shall frame Rules under e-Courts on the analogy of rules likely to be framed by e-Committee, Hon'ble Supreme Court of India. After the formulation of such Rules, a fresh requisition for creation under e-Courts, as per requirement, in terms of Rules so framed will be sent to your good-self for requisite sanction. You are further requested to expedite the pending proposals and intimate this registry about the latest status of these proposals. With regards.
Yours faithfully, Sd/- 3/6/2017 (Sanjay Dhar) Registrar General"
9. The Government has to give a proper reply to the High Court's communication dated 3.5.2017 dispatched vide No. 6455/GS dated 05.06.2017 on all aspects. The staff strength needs to be increased for effective judicial functioning and the said fact has been highlighted in High Court letter dated 05.06.2017.
10. Keeping in mind the above and also the orders passed by us on 13.12.2017, and in order to enable prompt resolution of these issues, we direct the Registrar General to hold a meeting with: (1) Commissioner/ Secretary, Law, Justice and Parliamentary Affairs, Principal Secretary to Government ; (2) Finance Department and; (3) Commissioner /Secretary to Government, General Administration Department and resolve all pending issues, on priority basis.SWP No. 2037/2017 Page 10 of 11
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11. The date of meeting is fixed will be 20th or 22nd March, 2018, subject to the convenience of the officers on the above dates. The venue of the meeting is to be decided by the Registrar General on consultation.
12. A report on the outcome of such meeting besubmitted to this Court on or before 26th March, 2018.
13. List on 26th March, 2018.
14. Copy of this order be issued to: (1) Chief Secretary, Jammu and Kashmir Government; (2) Principal Secretary to Government, Finance Department;
(3) Commissioner /Secretary to Government, General Administration Department; (4) Secretary, Law, Justice and Parliamentary Affairs; (5) Registrar General; (6) Advocate General; (6) Mr. H.A. Siddiqui, AAG and parties in person.
(Dhiraj Singh Thakur) (RamalingamSudhakar) Judge Judge Jammu 27.02.2018 Tilak, Secy SWP No. 2037/2017 Page 11 of 11