HC slams Govt inaction, sets 60-day deadline for creation of 334 posts

Srinagar, Nov 18: The High Court of J&K and Ladakh has directed the government to complete the process of creating 334 posts in keeping with its proposal within a period of 60 days even as the court reproached it for keeping the matter pending for eight years without any “palpable progress”.

In response to a related plea regarding the creation of the posts, a division bench of Justice Atul Sreedharan and Justice Muhammad Yousuf Wani took exception to a government’s communication that it examined the staff strengths of High Court of Himachal Pradesh which has 17 Judges and High Court of Allahabad which has two notified benches at Lucknow and Allahabad.

The bench pointed out that J&K’s bureaucracy by comparing the High Court of J&K and Ladakh High Court with High Courts of Himachal Pradesh or Allahabad was trying to draw “a comparison of similarity between an ambassador car and Mercedes-Benz only because they have four wheels, an engine and a steering”.

The bench underscored that on the judicial side vide order dated February 8, 2023, the court unequivocally held that there was no need to reiterate that the recommendation made by the High Court/ Chief Justice with respect to the creation of posts was binding on the Government and there was no discretion in the matter.

“Once the High Court has given on the judicial side its requirement for 334 posts, the act of the Government in stating that it would have to examine the requirement of the High Court based on the parameters of the number of judges working in the High Court and the number of posts against ongoing cases and also examining the requirement of this Court of 334 posts while drawing a comparison with the High Court of Himachal Pradesh and the Allahabad High Court with its principal seat at Allahabad and one Bench at Lucknow, is gross contempt”

The bench noted that it was not for the Union Territory to examine whether the requirement of the High Court was just or improper, saying the High Court through the Chief Justice is the sole authority entitled to decide its requirement.

“There can be no examination of the same by the executive,” it said.

“It is understandable if the executive had expressed its inability to comply on grounds of lack of funds but anything beyond that of examining whether the requirement is justified or not is an act of gross contumacious conduct,” the bench said.

The bureaucracy, the bench says, has misguided itself by trying to compare the requirements of the High Court of Jammu and Kashmir with the High Court of Himachal Pradesh and the High Court of Allahabad.

“Therefore, this Court puts to notice the UT Government that they are forbidden from ascertaining the requirement of the High Court as it is not within their domain”.

The bench observed that the Court shall understand and accommodate the UT if the question is restricted only to the issue of finances. “But we would take very serious note henceforth if committees are made to sit and ascertain and assess the requirement of this Court”.

In an apparent warning, the court said: “If it is ever so done again, this Court shall exercise its powers to initiate proceedings of contempt against those officers for their indiscretion.”

The bench eventually directed the government to complete the process of creating 334 posts within a period of 60 days.