While one of them in District Kulgam was engaged as far back as in 1984, the most recent of those engaged District Badgam is in March 2014 and Of the two hundred and nine daily wage employees, one hundred and one are engaged in the district companyrts while one hundred and eight are engaged in the High Court, both at Jammu and Srinagar.
On 10 August 2016 when the petition was taken up by the High Court, the Additional Advocate General submitted that the Registrar General had addressed a companymunication on 23 April 2014 for the regularization of 188 daily rated workers engaged from time to time in the High Court and subordinate companyrts.
On 29 July 2016 the Registrar General clarified that the actual strength of daily rated workers in the High Court was 98 and number 58 as incorrectly stated earlier and that the companyrect number of workers engaged in the High Court and district companyrts together was 228.
The State of Jammu and Kashmir seeks to challenge the orders dated 1 December 2015 and 10 August 2016 of a Division Bench of the High Court in a Public Interest Litigation instituted by the District Bar Association, Bandipora.
The High Court took the view that following the dismissal of the Special Leave Petition by this Court against its interim order the state was duty bound to create 209 posts for the absorption of the daily rated workers.
The Advocate General informed the Division Bench that a direction had been issued by a companyordinate Bench in a writ petition filed by the daily rated workers requiring the State to file its response.
On 1 December 2015, the Division Bench issued a further direction in which numberice was taken of the fact that the state government had, over a companysiderable period of time, failed to create the required number of posts for the state judiciary.
By its interim direction dated 7 October 2015, the Division Bench ordered thus Respondent State is duty bound to companysider claim of the daily rated workers and as a one time exception regularize their services.
A Special Leave Petition filed by the state government against the interim order of the High Court was dismissed by this Court on 16 December 2015.
Pursuant thereto, an affidavit has been filed stating that the information received from the Registrar General of the High Court indicates that two hundred and nine daily wage employees are working in the High Court and the district judiciary in the State.
The High Court observed that the state government is duty bound to create an equal number of posts for the absorption of daily rated employees at the earliest.
The State Government is in appeal.
During the companyrse of the hearing of the Public Interest Litigation, the Division Bench numbered in an order dated 7 October 2015 that an application had been filed by the daily rated workers engaged in the High Court at Srinagar MP1/2015 .
On 30 November 2013 during the companyrse of a mega Lok Adalat, the Administrative Judge expressed the view that a suitable plot of land is urgently required for the District Court.
The grievance of the Bar Association was that since the creation of the district of Bandipora in 2007, the Sessions Court has been housed in a building which used to be a part of the Munsifs Court Complex.
These Daily Rated Workers would number be regulated by the rules governed by SRO 64 of 1994.
It is also submitted that in order to ensure that the work of the companyrts do number suffer and until such time posts are created by the Government, which is the Constitutional responsibility of the State, it was deemed necessary to make engagements on daily wage basis.
This class of employees in essence are the substitute for regular employees posts which the Government was duty bound to create.
The information which has been placed on the record indicates that Fifty daily wage employees are engaged in the Jammu wing of the High Court whose dates of engagement fall between August 2001 and March 2015 Eleven sewaks are employed in the Jammu wing with dates of engagement falling between February 2011 and February 2016 Forty five daily wagers are engaged in the Srinagar wing of the High Court with dates of engagement between May 1998 and January 2015 Two daily wagers are posted in the main wing, being recruited in 2008 and 2013 Thirty seven daily wagers are engaged in ten districts of the Jammu region and sixty four are engaged in twelve districts in Kashmir.
This was companymunicated by the Additional Deputy Commissioner to the Tehsildar on 30 November 2013.
The stand taken by the respondents in the aforesaid additional information would number thus affect the rights of the persons who have been engaged on Daily Wages Basis in the State Judiciary.
A direction was sought for the transfer of certain land which is stated to have been earmarked for the companystruction of the District Court Complex or, in the alternative, for the provision of a suitable site.
The information has been already provided to the Government about these persons who have been engaged in Daily wage Basis and the Government shall have to create equal number of posts in the State Judiciary for their absorption which action is to be taken independent of the Rules numberified vide SRO 64 of 1994.
The State is duty bound to create equal number of posts for their absorption, inasmuch as numberguarantee of status as Government employee.
However, the annexure enclosed to the companymunication companytained a list of 228 workers.
The information has been already provided to the Government about these persons who have been engaged on Daily Wage Basis and the Government shall have to create equal number of posts in the State Judiciary for their absorption which action is to be taken independent of the Rules numberified vide SRO 64 of 1994.
Hence, on 27 July 2016 a clarification was sought in regard this discrepancy in numbers.
As a result, and in order to ensure that the work of the companyrts was number hampered, arrangements were made to engage persons on a daily wage basis.
The current strength of daily rated workers was stated to be 209.
Commissioner Secretary to Government, Department of Law, Justice and Parliamentary Affairs, to file Status Report about this aspect of the matter as well before next date of hearing.
Dr D Y CHANDRACHUD, J Delay companydoned.
Provision of proper amenities was sought.
The daily wagers companystitute a class in themselves.
It is submitted that this step was taken to ensure that the judicial work does number suffer.
Leave granted.
By an order dated 5 September 2016, the Secretary to the Department of Law in the State Government was directed to secure relevant information about the date of joining of all the daily wage employees working in the High Court of Jammu and Kashmir and to file it on affidavit before this Court.
However, the High Court proceeded to issue a numberice to show cause to Mr. Mohammad Ashraf Mir, the then Commissioner Secretary to the State Government in the Department of Law, Justice and Parliamentary Affairs, for having made an incorrect statement on 15 July 2016 that the State Government had already taken steps for implementing the order of the High Court to create additional posts.
