JUDGMENT : 1. We have heard Mr. Joginder Singh, petitioner No. 1, Mr. A. V. Gupta, learned Senior Advocate assisted by Mr. Aditya Gupta appearing on behalf of the High Court and Mr. H.A.Siddiqui, learned Senior Additional Advocate General representing the State. 2. Registrar General has submitted a Status Report dated 09.02.2018 and that is taken on record. 3. Learned Senior Counsel, Mr. Gupta says that he does not have the copy of the Status report. 4. Joint Registrar (Admn), Jammu and Kashmir High Court Main Wing is directed to provide a copy of the Status Report to learned Senior Counsel for enabling him to argue the matter in Court. Joint Registrar (Admn) will also provide all necessary material to the learned Senior Counsel for effective adjudication of the matter on the next hearing date. 5. We have perused the Status Report of Mr. Khursheed Ah. Bhat, Deputy Legal Remembrance, Department of Law, Justice and Parliamentary Affairs signed but without date. We would like to inform the Deputy Legal Remembrance that henceforth every affidavit or document should be signed and dated. He should set an example to other department officials. 6. The annexures to the Status Report were considered and after going through the records, it is found there is some error in file No. 6455/GS dated 05.06.2017 in between the High Court and the Government. The correct particulars are not available. 7. We also find that each issue has not been addressed on its own terms. For example, the creation of posts of Registrar(Administration), Registrar (Management), Registrar (Inspection) and Registrar (Recruitment) is different from creation of posts of all cadres consequent to increase of the strength of the High Court Judges from 14 to 17. 8. The request of Registrar General addressed to the Secretary to Government, Department of Law, Justice and Parliamentary Affairs, Civil Secretariat, Srinagar vide No. 6455/GS dated 05.06.2017 is as follows: “High Court of Jammu and Kashmir at Srinagar To The Secretary to Government, Department of Law, Justice and Parliamentary Affairs, Civil Secretariat, Srinagar. No. 6455/GS dated 05.06.2017 Subject: OWP No. 260/2014 titled District Bar Association Bandipora vs. State of J&K and ors. Esteemed Sir, Ever since our independence “Dispensation of Timely Justice’ has always been main objective of our Judicial System. No. 6455/GS dated 05.06.2017 Subject: OWP No. 260/2014 titled District Bar Association Bandipora vs. State of J&K and ors. Esteemed Sir, Ever since our independence “Dispensation of Timely Justice’ has always been main objective of our Judicial System. In this regard, lack of infrastructure both human and physical, has always been a bottle-neck towards achievement of this objectives time and again various Constitutional bodies like Law Commission of India and repeatedly in the successive Chief Justices’ conference stress has been laid for augmentation of infrastructure in the High Court and Subordinate Courts. As a follow up to the recommendations of constitutional bodies like Law Commission of India and resolutions adopted repeatedly in Chief Justices’ Conferences, a number of proposals regarding creation of additional posts in the High Court and Subordinate Courts have been sent to your department for requisite sanction. Despite lapse of considerable time nothing substantial has so far been heard in these matters. It does not need any retiling that most of the proposals are based on the resolutions adopted in the Chief Justices’ Conferences and in the joint Conferences of the Hon’ble Chief Ministers of the States and Hon’ble Chief Justices of the High Court. As such, these proposals deserve due deference. But I am constraint to say that generally in majority of matters middle level Government functionaries raise queries to the proposals which are simply uncalled for. Through the medium of the communication, I am under instructions to request you to look into the matter personally and ensure that proposals as tabulated herein below which are pending consideration in your department. See light of the day at the earliest. S. No Proposal Factual Position No. of Posts to be created 1. Creation of two posts of Registrar Inspection along with support staff (one for Jammu and the other for Srinagar) A request for the creation of the post of Registrar Inspection along with the support staff was sent to you for requisite sanction of the Government way back in 2009. However, Hon’ble Full Court in its meeting held on 18.04.2015, while deliberating upon the resolution adopted in the Chief Justices’ 2015, resolved that the Government be requested for creation of two posts of Registrars Inspection along with staff (one for Jammu and the other for Srinagar). However, Hon’ble Full Court in its meeting held on 18.04.2015, while deliberating upon the resolution adopted in the Chief Justices’ 2015, resolved that the Government be requested for creation of two posts of Registrars Inspection along with staff (one for Jammu and the other for Srinagar). This issue was also deliberated in the meeting of the Hon’ble Chief Justice with the Hon’ble Chief Minister held on 18.04.2015. Formal request for the creation of these two posts was sent to your good self vide No. 17332/GS dated 15.10.2015. In the intervening period your department raised some queries which have been duly responded to vide this Registry letter No. 10535/GS dated 31.05.2016. Registrar Inspection of the level of District Judge (one for Jammu and other for Srinagar 2 posts Joint Registrar Inspection in the cadre of Sub Judge 3 posts Assistant Registrars 3 posts Sr. Scale Stenographers 3 posts Jr. Scale Stenographers 3 posts Head Assistant/Sr. Assistants/Jr. Assistants 3 posts each Drivers 2 posts Orderlies 8 posts 2 Creation of the post of Registrar (Adm) and Registrar (Management) in each wing of the High Court of J&K along with the requisite staff A request for the Creation of the post of Registrar (Adm) and Registrar (Management) in each wing of the High Court of J&K along with the requisite staff was submitted to your department vide this Registry letter No. 1983/GS dated 11.05.2015. Thereafter tentative financial implications involved in the matter were also sent to the Government by this Registry’s letter No. 17116/GS dated 12.10.2015. Registrar (Adm) of the level of District Judge 2 posts (one each for two wings Section Officer 2 posts Sr. Scale Stenographer 2 posts Head Assistant/Sr. Assistant/Jr. Assistants 2 posts each Drivers 2 posts Orderlies 8 posts Registrar (Management) of the level of District Judge 2 posts (one each for two wings) Section Officer 2 posts Sr. Scale Stenographers 2 posts Head Assistant/Sr. Assistants/Jr. Assistants Two posts each Drivers 2 posts Orderlies 4 posts 3. Creation of the post of Registrar (Recruitment Cell) along with staff Filling up of post at various levels of the judicial hierarchy is being monitored by the Hon’ble Supreme Court on judicial side in case titled Malik Mazhar Sultan and ors. This High Court does its level best to ensure that posts are filled up with utmost promptitude. Creation of the post of Registrar (Recruitment Cell) along with staff Filling up of post at various levels of the judicial hierarchy is being monitored by the Hon’ble Supreme Court on judicial side in case titled Malik Mazhar Sultan and ors. This High Court does its level best to ensure that posts are filled up with utmost promptitude. However, absence of a special Recruitment Cell in this Court, at times, delays the timely completion of recruitment processes. In the said background, a request for creation of the post of Registrar (Recruitment Cell) along with requisite staff, was submitted to your Department, vide this Registry letter No. 1982/GS dated 11.05.2015. Tentative Financial implications involved in the proposal were also transmitted to your department by letter No. 17060-A dated 12.10.2015. Registrar (Recruitment) of the level of District Judge 1 post Joint Registrar in the 1post level of Sub Judge Deputy Registrar 1 post Section Officer 3 posts Sr. Scale Stenographer 3 posts Head Assistant/Sr. Assistants/Jr. Assistants 3 posts each Drivers 1 post Orderlies 6 posts 4. Creation of nine posts of Research Assistants in the High Court. Present sanctioned strength of Hon’ble Judges in the High Court of J&K is 17. State Government has created 08 posts of Research Assistants. These posts have been duly filled up. Thus at present services of Research Assistants are being provided to eight Hon’ble Judges. A request for creation of another nine (09) posts of Research Assistants was sent to your department vides communication No. 14192/GS dated 02.07.2016 for requisite sanction which is pending consideration in your Department the Government. Research Assistants 9 posts 5. Proposal to increase the Staff in the High Court keeping in view the enhancement of Hon’ble Judges of this High Court from 14 to 17. Keeping in view the enhancement of the strength of the Hon’ble Judges of this High Court from 14 to 17, a proposal for development of infrastructure and increase in staff of High Court was submitted to the State Government vide this Registry communication No. 18010/GS dated 29.01.2014 read with communication No. 19949/GS dated 26.11.2015 and 6207/GS dated 30.5.2017. It is pertinent to mention here that Secretary to Government, Department of Law, Justice and Parliamentary Joint Registrar (Adm) 1 post Secretary 10 posts Bench Secretary 10 posts Deputy Registrars 1 post Assistant Registrars 2 posts Private Secretary 10 posts Reader 10 posts Sr. It is pertinent to mention here that Secretary to Government, Department of Law, Justice and Parliamentary Joint Registrar (Adm) 1 post Secretary 10 posts Bench Secretary 10 posts Deputy Registrars 1 post Assistant Registrars 2 posts Private Secretary 10 posts Reader 10 posts Sr. Scale Stenographers 10 posts Section Officers 2 posts Head Assistants 4 posts Jr. Scale Stenographer 10 posts Senior Assistants 04 posts Junior Assistants 5 posts Restorer 10 posts Jamadar 10 posts Orderlies 20 posts Staff Car Driver 10 posts Computer Operator 10 posts Home Peon 10 posts Gardner 10 posts 6. A proposal for creation of Statistical Cell for the High Court of J&K and District Courts The resolution adopted in The Chief Justice Conference, 2013 underlined the importance of engaging professional Statisticians in the High Courts for collection and processing of data. While taking follow up action to the resolution adopted in the said Conference, a proposal for creation of Statistical Cell for the High Court of J&K and District Courts was sent to your Department by this Registry’s No. 15010 A/C dated 06.12.2013 (For High Court) Joint Director 1 post Deputy Director 2 posts Assistant Director 3 posts Statistical Officer 3 posts Senior Statistical Assistant 3 posts Junior Statistical Assistant 3 posts (For District Courts) Assistant Director/Statistical Officer/Senior Statistical Assistant/Junior Statistical Assistant One post each in every District 7. Creation of eight posts of Orderlies (supernumerary) for regularizing the services of eight orderlies (Adhoc) who have completed seven years service. A request for Creation of eight posts of Orderlies (supernumerary) for regularizing the services of eight orderlies (Adhoc) who have completed seven years service has been sent vide communication No. 24471/NG dated 11.03.2015 Orderlies (Supernumerary posts) 08 posts 8. Restructuring of staff Pattern of Judicial Academy A comprehensive proposal for restructuring/reorganization of the staff pattern of the Jammu and Kashmir State Judicial Academy, after the same having been duly approved by Hon’ble Judge in-charge of the Academy and the Chief Patron (Hon’ble the Acting Chief Justice) , was submitted to your department for requisite sanction vide Communication No. 10697/GS dated 17.08.2011 read with Communication dated 19.02.2015, 29.03.2016 & 25.05.2016 Assistant Registrar 1 post Accounts Officer 1 post Accountant cum Head Assistant 1 post Jr. Scale Stenographer 2 posts Librarian 2 posts Library Assistant 2 posts Senior Assistant 3 posts Steno Typist 2 posts Junior Assistant 5 posts Computer Gadget Operator 3 posts Electronic Gadget Operator 2 posts Jamadar 1 post Orderly 4 posts Chowkidar 2 posts Safaiwalla 2 posts 9. Creation of pose one of Registrar Computer of the rank of District Judge and two posts of Joint Registrar (Computers) from IT Field. This High Court is pursuing an ambitious project regarding computerization in the High Court and Subordinate Courts across the State, under the aegis of e-Committee, Hon’ble Supreme Court of India. At the High Court level, the mater is being executed under the able-leadership of the Hon’ble Committee on Computerization and e-Governance. In this regard, on the strength of the recommendation of the Hon’ble Committee on Computer and IT and resolution adopted by the Hon’ble Full Court, a request for creation of one post of District Judge and two posts of Joint Registrars from IT field having high technical qualification and vast experience in the field has been sent to your department vide communication No. 5213/GS dated 18.05.2017 of this Registry. Registrar Computer in the level of District Judge 1 post Joint Registrar (Computer) from IT field 2 posts 10. Request for creation of permanent posts of Technical manpower for e-Courts Absence of a permanent cadre for e-Court project is proving to be a bottle-neck in achieving the intended object e-Court project In this regard a request for creation of permanent posts of Technical manpower in the High Court, District and Taluka (Muffasalat) Courts across the State, was sent vide communication No. 14441/GS dated 22.03.2013. The matter is still pending consideration of the Government. (For High Court and Districts and Taluka Courts) Programmers/Senior System Officers 2 posts Assistant Programmers/System Officers 26 posts Technical Assistants/System Assistants 110 posts Orderlies 102 posts 11. (a) Creation of 107 posts of Sweepers along with two posts of Sanitary Supervisors in the Subordinate Courts. (b) Creation of watch and ward staff for District Court Complex, Mominabad, Srinagar. (For High Court and Districts and Taluka Courts) Programmers/Senior System Officers 2 posts Assistant Programmers/System Officers 26 posts Technical Assistants/System Assistants 110 posts Orderlies 102 posts 11. (a) Creation of 107 posts of Sweepers along with two posts of Sanitary Supervisors in the Subordinate Courts. (b) Creation of watch and ward staff for District Court Complex, Mominabad, Srinagar. Vide this Registry’s letter No. 1981/GS dated 11.05.2015, a request for creation of 107 posts of Sweepers along with two posts of Sanitary Supervisors in the Subordinate Courts was submitted to your department which was returned with the request to consider the feasibility of outsourcing the job of sweepers in subordinate courts for the reasons that huge financial implications are involved in the creation of these posts. The said query was duly responded vide letter No. 35200/GS dated 20.01.2016 of this Registry. District Court complex at Mominabad, Srinagar which shall house all the Courts at Srinagar Headquarter is likely to be inaugurated shortly. The cleanliness and sanitation as well as watch and ward of the complex is an important issue. In this regard, your department has been requested to take steps for creation of 22 posts of Safaiwala, 02 posts of Chowkidar,01 post of Head Gardner, 17 posts of Gardner and 02 posts operation of EPABX and C.C.TVs. Sanitary Supervisor 2 posts Sweepers 107 posts Safaiwala 22 posts Chowkidar 02 posts Head Gardner 01 post Gardner 17 posts Staff operation of EPABX C.C.TVs 02 posts In addition to above, it is worthwhile to mention that the Hon’ble Court in the above petition, has directed to send updated and consolidated proposals to the State Government. So besides above proposals, following posts are also requested to be created at the earliest because no major creation of posts at different levels in the High Court Registry has been made since 1997 even though the workload in the Registry has increased manifold:- S. No. Detail 1. Creation of additional posts of orderlies in the High Court and Subordinate Courts : At present, in order to cope up with the increasing work load in High Court and Subordinate Courts, services of daily wager orderlies are being utilized for past several years. 209 posts 2. Creation of additional posts of orderlies in the High Court and Subordinate Courts : At present, in order to cope up with the increasing work load in High Court and Subordinate Courts, services of daily wager orderlies are being utilized for past several years. 209 posts 2. Additional Creation of posts in the High Court Registry-consideration of the representation of the President High Court Staff Welfare Association Additional Registrars 3 posts Joint Registrars 04 posts Deputy Registrars 04 posts Assistant Registrars 12 posts Section Officers 15 posts Head Assistants 16 posts Jr. Scale Steno 05 posts Sr. Assistants 35 posts Steno/Typist 10 posts Jr. Assistants 50 posts Orderlies 70 posts 3. Creation of posts for smooth upkeep of High Court Guest Houses and Huts House Keepers 10 posts Cooks 05 post Lastly, it is pertinent to mention here that Central Project Coordinator e-Courts has intimated that Hon’ble Committee on Computer and IT in its meeting held recently has decided that High Court shall frame Rules under e-Courts on the analogy of rules likely to be framed by e-Committee, Hon’ble Supreme Court of India. After the formulation of such Rules, a fresh requisition for creation under e-Courts, as per requirement, in terms of Rules so framed will be sent to your good-self for requisite sanction. You are further requested to expedite the pending proposals and intimate this registry about the latest status of these proposals. With regards Yours faithfully, Sd/-3/6/2017 (Sanjay Dhar) Registrar General” 9. The Government has to give a proper reply to the High Court’s communication dated 3.5.2017 dispatched vide No. 6455/GS dated 05.06.2017 on all aspects. The staff strength needs to be increased for effective judicial functioning and the said fact has been highlighted in High Court letter dated 05.06.2017. 10. Keeping in mind the above and also the orders passed by us on 13.12.2017, and in order to enable prompt resolution of these issues, we direct the Registrar General to hold a meeting with: (1) Commissioner/ Secretary, Law, Justice and Parliamentary Affairs, Principal Secretary to Government ; (2) Finance Department and; (3) Commissioner /Secretary to Government, General Administration Department and resolve all pending issues, on priority basis. 11. The date of meeting is fixed will be 20th or 22nd March, 2018, subject to the convenience of the officers on the above dates. The venue of the meeting is to be decided by the Registrar General on consultation. 11. The date of meeting is fixed will be 20th or 22nd March, 2018, subject to the convenience of the officers on the above dates. The venue of the meeting is to be decided by the Registrar General on consultation. 12. A report on the outcome of such meeting be submitted to this Court on or before 26th March, 2018. 13. List on 26th March, 2018. 14. Copy of this order be issued to: (1) Chief Secretary, Jammu and Kashmir Government; (2) Principal Secretary to Government, Finance Department; (3) Commissioner /Secretary to Government, General Administration Department; (4) Secretary, Law, Justice and Parliamentary Affairs; (5) Registrar General; (6) Advocate General; (6) Mr. H.A. Siddiqui, AAG and parties in person.