SC Rejects J-k Govt’s plea against HC Order to create 334 Judicial Posts

VoM News Desk | 16 Jan 2025 | 05:53 PM IST | Breaking News, Jammu Kashmir | Follow on Google News

SC Rejects J-k Govt’s plea against HC Order to create 334 Judicial Posts

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The Supreme Court has dismissed the Jammu and Kashmir government’s challenge to a High Court order directing the Union Territory authorities to create 334 judicial posts within 60 days, Live Law reported. A bench comprising Justices Hrishikesh Roy and SVN Bhatti refused to entertain the special leave petition, clarifying that the observations in the High Court’s interim order were tentative and subject to the final decision in the ongoing proceedings.

In delivering the decision, the Supreme Court bench noted, “We see no reason to entertain the present SLP, and the same is accordingly dismissed. However, the observations made in the interim order at the interlocutory stage are tentative and subject to the final order that would be passed in the pending proceedings.”

The case has its roots in a 2017 writ petition originally seeking monetary benefits for High Court employees. Over time, it expanded to address the pressing need for additional judicial staff to manage the increasing workload. The Jammu and Kashmir and Ladakh High Court highlighted the urgency of creating new posts, pointing to a recommendation made by its Registry in 2014 to establish 334 posts across various categories. Despite repeated urgings, the UT administration failed to act on the proposal, sanctioning only 24 posts in 2023.

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In November 2024, the High Court issued a strong order emphasising that recommendations from the judiciary regarding staffing were binding on the government and that financial implications must be borne by the UT’s consolidated fund. The order criticised the administration’s slow response and attempts to compare Jammu and Kashmir’s requirements with other states, citing unique challenges faced by the High Court, including its dual locations in Srinagar and Jammu.

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The UT government approached the Supreme Court, arguing that staffing decisions should be handled administratively rather than judicially. Additional Solicitor General KM Nataraj contended that 156 posts had already been created and expressed concern that judicial observations could constrain the government’s ability to function effectively.

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Justice Bhatti, while addressing these arguments, remarked that the High Court’s dissatisfaction stemmed from comparisons made with other High Courts. The bench clarified that the High Court’s observations should be tentative. However, the Supreme Court refused to overturn the High Court’s directive to create the posts.

The High Court is scheduled to review the matter on January 25.

(Except for the headline, this story has not been edited by VoM News staff and is published from the syndicated feed)

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