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Salary of 38 judicial officers: HC says Govt can't review its order
8/19/2015 12:07:22 AM
Early Times Report

Srinagar, Aug 18: The J&K High Court made it clear to the state government on Tuesday it cannot review its order to release Rs 4.5 crore for payment of salaries to 38 judicial officers and the staff attached to Additional Special Mobile Magistrate courts.
As the suo-moto Public Interest Litigation came for hearing before a division bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi, Advocate General Jahangir Iqbal Ganie sought two days for compliance of the court's order regarding the payment of the salary to the presiding officer of these courts and the staff. "We have confirmed that the cabinet is meeting on Wednesday and as such time may be extended by two days for compliance of the directions of the court," Ganie said, as he moved a formal application for granting of more time before the court.
In the application, the state government submitted that the cabinet will decide regarding the continuation or otherwise of Additional Special Mobile Magistrate courts as well as the liability. However, the court said that liability part of it cannot be decided by the cabinet being the direction by the court. "Taking a decision on continuation of theses courts is one aspect and taking the decision about the direction of the court is another issue. You cannot review the High Court order, only Supreme Court can do so," the court said.
To this, the Advocate General referred to prayer made in the application, stating that the government only seeks time for compliance of the court orders. Consequently the division bench posted the case for Thursday. 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 crore 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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