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| HC warns CS, others over non-release of Rs 4.5 cr for 38 judicial officers, staff | | | Early Times Report
Srinagar, Aug 11: The state High Court today directed Chief Secretary as well as secretaries of law and finance to appear before it if they failed to comply with its orders to release Rs 4.5 crore for payment of salaries to 38 judicial officers and the staff attached to Additional Special Mobile Magistrate courts before August 17.
As the hearing of the suo-moto Public Interest Litigation started before a division bench of the court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi, Additional Advocate General T. Khawaja sought time for the compliance of the order.
He submitted that state cabinet has not met after passing of the order by the court on July 30 and as such some more time may be granted.
"We have been hearing it for quite some time now. Implementing the court order is not wisdom of cabinet," the division bench said, adding that the government cannot take courts for granted.
"Lordship, we are not disrespecting any order," Khawaja replied and eventually considered his submissions.
However, the division bench warned that if the order was not complied with and the amount not sanctioned, then Chief Secretary, Law and Finance Secretaries shall appear in person before it on next date of hearing on August 18.
"They will have to state as to why the order 30.7.2015 is not complied with, so that appropriate action can be initiated against such officers," the division bench added.
On July 30, the court had directed government to release Rs 4.5 crore for paying salaries of 38 judicial officers and the staff.
Taking cognizance of a matter at the instance of court's registry, the division bench had directed government to release Rs 4.5 crores immediately.
"The state government cannot shirk its responsibility on the plea of want of funds. It is well settled proposition of law declared by the Supreme Court that it is the responsibility of the person running the administration to find out the source to extend the guaranteed rights of the citizens," the court had observed.
The 38 Additional/Special Mobile Magistrate and the staff attached to the courts have been established under 13th Finance Commission in lieu of creating the morning and evening Courts for the state for improving justice delivery system.
The Registry has said the Government of India has stopped funding under the scheme namely 14th Finance Commission due to which from March this year, the Judicial Officers as well as the staff was not getting their salary.
The Registry said that the salary amount required for the Judicial Officers as well as the staff for the financial year 2015-2016 is Rs. 10, 38, 97,152/. As per the information furnished by the Registry of this Court a sum of Rs. 86,58,096/- is required as monthly salary and an amount of Rs. 4,32,90,480/- is required to be paid as pending salary to the Judicial Officers and the Court Staff for five months i.e. salary payable from March 2015 to July 2015. |
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