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| SC sets aside regularization of 209 daily rated workers | | Pulls up govt for ignoring requirements of state judiciary | | Early Times Report
Srinagar, Dec 10: The Supreme Court of India has set aside the Jammu and Kashmir high court's order on 1 December last year, directing en masse regularization of 209 daily rated workers in high court and sub-ordinate judiciary. Disposing of an appeal filed by the J&K government, a division bench of the apex court headed by Chief Justice TS Thakur also pulled up the state for neglecting the requirements of the state judiciary for a long period of time. "Since the issue of regularization is a matter with which the state government is seized with, we are of the view that at this stage it would be appropriate and proper to set aside the impugned order of the High Court which directs the regularization en masse of two hundred nine daily rated workers," said the bench also comprising Justices Dr D Y Chandrachud and L Nageswara Rao.
The apex court observed that regularisation is not a source of recruitment nor is it intended to confer permanency upon appointments which have been made without following the due process envisaged by Articles 14 and 16 of the Constitution.
"There is substantial merit in the submission (by the state government) that the High Court proceeded to issue directions for regularization without considering either the legal position enunciated in the judgments of this Court and without considering the prevailing rules and regulations on the subject," it said. The High Court had observed in its order dated 1 December 2015 that over a considerable period of time, the state government has not created the required number of posts for the state judiciary as a result of which work has been hampered. According to the High Court, appointment of daily rated workers was necessitated to ensure that judicial work does not suffer. The High Court opined that these workers have been rendering work which should have been assigned to persons appointed on a regular basis against sanctioned posts, the apex court said. "It is unfortunate, in our view, that the state government has allowed the requirements of the state judiciary to be neglected over such a long period of time. The need to facilitate the proper functioning of the High Court and the district judiciary is a constitutional necessity which imposes a non-negotiable obligation on the state government to create an adequate number of posts and to provide sufficient infrastructure," the apex court said, adding that the state government was to blame for the "unfortunate" situation which has resulted in a large number of persons being recruited on a daily wage basis.The state's grievances in the Special Leave Petition was that in a Public Interest Litigation seeking the construction of a district court complex in Bandipora District, the High Court proceeded to issue directions for the regularization of services of daily rated workers. These directions were totally unconnected to the reliefs which were sought in the PIL filed by District Bar Association Bandipora.
The state said that the High Court proceeded on the erroneous basis that the issue of regularization has attained finality.
"The High Court has erred, in its order dated 1 December 2015, in holding that daily rated workers on the establishment of the High Court would not be regulated by the rules governed by SRO 64 of 1994. If the Daily Rated Workers are to be regularized, the state government should be required to create a sufficient number of posts for the purpose," the state government had said. |
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