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| Special courts' case: DB directs Govt to release salary, warns two top officers of contempt | | | Early Times Report
Srinagar, Nov 26: A Division Bench (DB) of the J&K high court directed government to provide funds for salary to 38 presiding officers of special courts besides the staff of Additional Special Mobile Magistrates on monthly basis. Court directed for release of salaries of October and November months within three weeks and also warned Commissioner Secretary Finance and Secretary Law and Parliamentary Affairs for contempt of court if the directions are not implemented.
Hearing a suo-moto Public Interest Litigation, the division bench of the court comprising Justice M H Attar and Justice Ali Mohammad Magrey also directed the government to make funds available for release of the salary for October and November months within three weeks.
The Division Bench also warned to penalize Commissioner Secretary Finance and secretary law and Parliamentary Affairs for contempt of court if the directions were not implemented.
It directed respondent state to provide funds for disbursement of salary in favour of the Presiding Officers and staff attached to the courts created under 13 Financial Commission for the months of October and November. Division Bench also directed the government to release funds for the salary on month to month basis. In default, the Division Bench said, Commissioner Secretary Finance and Secretary Law & Parliamentary Affairs shall appear in persons before the court on next date of hearing posted during week commencing from December 14. The division bench said they will have to show cause as to why they shall not be punished for committing contempt of court.
Earlier August, the Court stayed a cabinet decision regarding the abolition of the 38 Additional Special Mobile Magistrate Courts and directed the government to release the salary of the presiding officers and the staff from next month (September) onwards as well.
The PIL was initiated following a report by its registry that 38 Additional/Special Mobile Magistrates and staff attached to the Courts were not paid their salary from March 2015.
The Registry had stated that the salary required for the judicial officers as well as the staff for the financial year 2015-2016 is Rs 10, 38, 97,152. It said, Rs 86,58,096 are required as monthly salary and an amount of Rs. 4,32,90,480 is needed to be paid as pending salary to the judicial officers and the Court staff for five months from March to July 2015.
As the hearing of the PIL started, Additional Advocate General (AAG) Tasaduq Khawaja informed the bench that the Supreme Court has dismissed a special leave petition filed by the state government against an order directing release of salary to presiding officers and the staff. |
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