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2019 DIGILAW 1722 (RAJ)

RAJASTHAN HIGH COURT ADVOCATES ASSOCIATION, JODHPUR` v. STATE OF RAJASTHAN

2019-05-31

SANGEET LODHA, VINIT KUMAR MATHUR

body2019
JUDGMENT : 1. In the instant writ petition, following directions were issued to the respondents by this court vide order dated 4.4.19: "(1) The recommendations made by the High Court proposing revision of the cadre strength of DJ Cadre under Rajasthan Judicial Service Rules, 2010 including the creation of the posts on account of establishment of new Commercial Courts, shall be considered and finalized by the State Government within a period of four weeks. (2) The recommendation made by the High Court vide communication dated 20.7.18 regarding creation of the various posts in each Commercial Courts, shall be duly considered and requisite sanction for staffing pattern shall be issued by the State Government expeditiously, in any case, within a period of six weeks. (3) The requisite sanction allocating the budget for infrastructure facilities in Commercial Courts at Jaipur and Jodhpur as also for IT work in Commercial Courts shall be issued by the State Government by 15.4.19 as agreed upon by the learned Additional Advocate General before this Court. (4) The proposal of handing over the entire building of Van Bhawan at Jaipur for the establishment of the RALSA and Commercial Court, shall be considered positively and appropriate decision shall be taken expeditiously, in any case, by 30.4.19. (5) For the establishment of the Commercial Court at Jodhpur, the portion of the building of Treasury (Rural) as agreed upon shall be made available for developing the infrastructure facilities by 15.4.19 and after completion of the infrastructure facilities, the Commercial Court in the said building shall be made operational within a period of three months thereafter. (6) The proposal for establishment of the Commercial Court at Udaipur in the existing court complex and at Ajmer in the new court complex, shall be finalized by the State Government in consultation with the High Court within the period of two months and the financial sanction for the same shall be issued by the State Government in the next financial year i.e. 2019-20. (7) The proposal for allotment of the land for establishment of the Commercial Court at Kota shall be finalized by the District Collector, Kota in consultation with the High Court and District Judge, Kota expeditiously, in any case, within a period of two months. (7) The proposal for allotment of the land for establishment of the Commercial Court at Kota shall be finalized by the District Collector, Kota in consultation with the High Court and District Judge, Kota expeditiously, in any case, within a period of two months. The proposal for construction of the building shall be finalized expeditiously and matter with regard to budgetary allocation for the same shall also be considered by the State Government positively during financial year 2019-20. (8) The proposal for the funds required for establishment of the Commercial Court at Ajmer, Udaipur and Kota in the existing court premises or the rented building till the permanent complexes for the establishment of the Commercial Courts at the said places are constructed, shall be forwarded by the High Court to the State Government within a period of two weeks which shall be considered and finalized by the State Government within a period of four weeks thereafter. (9) The respondents shall file the compliance report before the next date of hearing." 2. The respondent-the State of Rajasthan has filed the compliance report by way of an additional affidavit in respect of each of the aforesaid directions issued by this court, as under: "Direction No. 1- As far as revision of cadre strength of District Judge under the Rajasthan Judicial Service Rules, 2010 including creation of post on account of establishment of new court is concerned, the same has already been approved by the Finance Department, whereby the cadre strength has been proposed to be increased by creating seven additional posts i.e. one each for Commercial Courts at Ajmer, Jodhpur, Udaipur, Kota and three for Jaipur. One post for Jaipur was approved earlier at the time of creation of First Commercial Court at Jaipur. The approval in this regard and issuance of notification shall be undertaken at the earliest. Direction No. 2- As far as direction No. 2 is concerned, the Finance Department has also agreed for creation/enhancement of the cadre of post of Senior Munsrim, Stenographer Grade-I, Reader Grade-I, Clerk Grade-I for 7 posts each and thus for each Commercial Court an additional post for each of above mentioned post has been approved. Further, 10 posts of Clerk Grade-II, 28 posts of Class IV employees and 7 posts of Information Assistant have been approved. Further, 10 posts of Clerk Grade-II, 28 posts of Class IV employees and 7 posts of Information Assistant have been approved. The process qua sanctioning of increase of cadre strength of the posts shall be undertaken at the earliest. Direction No. 3- As far as direction No. 3 is concerned, it is submitted that requisite sanction for allocating the Budget for infrastructural facilities in Commercial Courts at Jodhpur and Jaipur as also for I.T. work in Commercial Courts has already been issued by the State Government. In this regard vide order dated 02.05.2019 a sum of Rs. 82.85 lacs has been approved for maintenance, repair and other minor construction, modification for commercial court at Jaipur and also for shifting of new created Commercial Court at OTS Building, 1st floor, Rural Treasury, Jodhpur. Not only this, vide order dated 10.05.2019 for the purpose of undertaking IT work and also for ensuring that commercial courts being paperless, a sum of Rs. 154.11 lacs has been approved. Further, for furniture etc. a sum of Rs. 14 lacs has been approved. The fact in this regard has been accepted in the reply filed by Honble High Court also. Direction No. 4- As far as direction No. 4 is concerned, it is submitted that as far as Van Bhawan building is concerned, the proposal for handing over the entire building is pending consideration with the State Government and final decision shall be taken at the earliest. It is, however, submitted that post sanctioning of three more courts, all four commercial courts are working/functioning at Van Bhawan building at Jaipur only. Direction No. 5- As far as direction No. 5 is concerned, it is submitted that building for establishment of commercial court has already been handed over by OTS to the District Collector on 15.04.2019. Subsequently, the District Collector vide its correspondence dated 20.04.2019 has informed the same to the District & Sessions Judge, Jodhpur Metropolitan, Jodhpur. The District Judge had informed the above mentioned fact vide his correspondence dated 08.05.2019 to the Registrar General of this Honble Court that the possession of the building has been handed over and repair/renovation work for ensuring smooth functioning of the commercial court is being ensured by way of handing over possession of the building to the Executive Engineer (Civil), PWD, Jodhpur for undertaking the work at the earliest. Thereafter, the PWD had after preparing "G" Schedule estiate, issued the tender and thereafter work order was also issued vide order dated 10.05.2019 in favour of M/s. Ramswaroop Gehlot, Jodhpur for undertaking the alteration work at old OTS bulding, however, in view of recent revision of structural plan, a revised estimate was prepared and tender for the same shall be undertaken at the earliest and the expected period for completion of work is around two months from date of issue of work order, as informed by the officials of PWD. Direction No. 6- As far as direction No. 6 is concerned, it is submitted that as far as proposal for establishment of commercial court at Udaipur in existing court complex is concerned, the map and estimate for construction of commercial court at fifth floor of new premises of court building has already been sent to High Court and is pending consideration. As far as commercial court at Ajmer is concerned, the final proposal with regard to map and drawing etc. for construction of commercial court is almost at the final stage and final approval from High Court is pending. Once the final approval is received, only thereafter the State Government can proceed ahead. Direction No. 7- As far as commercial court at Kota is concerned, it is submitted that for allotment of land for establishment of commercial court various lands have been visited and inspected by the District Judge, Kota in consultation with District Collector, Kota, however, out of land so suggested, qua one of land, where the entire court premises is to be shifted, there are offices of certain other departments also and, therefore, deliberations in that regard as to whether the Departments are agreeing to hand over the possession, are going on. Further, certain portion of land has also been suggested for establishing of separate premise of the commercial court, however, the same has not been approved as on date by the District Judge and deliberations/search for new land is going on; and as soon as the land is finalized, the proposal for construction of building and matter with regard to budgetary allocation shall be undertaken by he State Government. Direction No. 8- As far as direction No. 8 is concerned, it is submitted that no proposal has been forwarded by the High Court for release of additional Budget." 3. Direction No. 8- As far as direction No. 8 is concerned, it is submitted that no proposal has been forwarded by the High Court for release of additional Budget." 3. It is noticed that vide direction No. 1, the respondents were directed to consider the proposal for revision of cadre strength under Rajasthan Judicial Service Rules, 2010 including the creation of the posts on account of establishment of new Commercial Court. However, as per the compliance report, the Department of Finance has approved the increase in the cadre strength on account of creation of 7 additional posts of Presiding Officer of Commercial Courts. The status of revision of the cadre strength of the DJ cadre as such under the Rules of 2010 as proposed by the High Court by way of amended Schedule, has not been clarified. Learned Additional Advocate General submitted that the proposal if any, pending in this regard, shall be considered and approved at the earliest. 4. As per the compliance report, the Department of Finance has agreed to sanction for staffing pattern for Commercial Courts as proposed by the High Court, however, the notification in this regard has not been issued till this date. Learned Additional Advocate General submitted that the notification creating the posts as proposed shall be issued within a period of one week. 5. Vide direction No. 4, the respondents were directed to consider and take appropriate decision to hand over entire building of Van Bhawan at Jaipur for the establishment of RALSA and Commercial Courts, which still remains pending consideration of the State Government. Learned Additional Advocate General submitted that the proposal shall be considered positively and the decision shall be taken within a period of four weeks. 6. In compliance of direction No. 5, the portion of the building of Treasury (Rural) as agreed upon has already been made available for establishment of Commercial Court at Jodhpur and the financial sanction for infrastructure facilities has also been issued. Learned Additional Advocate General submitted that the tender process for the award of the work of infrastructure of the court has already been initiated by the Public Works Department and the same shall be completed expeditiously, in any case, within a period of two months. 7. Learned Additional Advocate General submitted that the tender process for the award of the work of infrastructure of the court has already been initiated by the Public Works Department and the same shall be completed expeditiously, in any case, within a period of two months. 7. Regarding the proposal for construction of building of Commercial Court at Udaipur and Ajmer in existing court complex, according to the State, the proposals are pending consideration of the High Court for approval. Learned counsel appearing for the High Court submitted that after due consideration, the proposal with or without modification shall be forwarded to the State Government within a period of four weeks. 8. As per the compliance report, the deliberation/search for the appropriate site for establishment of the Commercial Court or a new court complex for the judgeship is going on and as soon as the land is finalized, the proposal for construction of the building and budgetary allocation shall be undertaken by the State Government. Learned Additional Advocate General submits that the land is available adjacent to the existing court premises but as on the date, the offices of some of the departments of State Government are functioning in the building constructed thereon. It is submitted that the State Government is seriously considering the proposal for shifting of the offices of various departments and thereafter to hand over the entire land for construction of new court building of Kota judgeship. 9. In view of the discussion above, we consider it appropriate to issue further directions as follow: (i) The proposal for revision of the cadre strength of DJ cadre under the Rules of 2010 shall be considered and approved by the State Government expeditiously, in any case, within a period of four weeks. (ii) The State Government shall issue the notification sanctioning the staffing pattern of the Commercial Courts and creation of the posts forthwith, in any case, within a period of one week as agreed upon by the Additional Advocate General. (iii) The decision regarding the proposal for handing over the entire building of Van Bhawan at Jaipur for the establishment of RALSA and Commercial Courts shall be taken by the State Government with utmost expedition, in any case, within a period of four weeks, as agreed upon by the learned Additional Advocate General. (iii) The decision regarding the proposal for handing over the entire building of Van Bhawan at Jaipur for the establishment of RALSA and Commercial Courts shall be taken by the State Government with utmost expedition, in any case, within a period of four weeks, as agreed upon by the learned Additional Advocate General. (iv) The infrastructure work for establishment of Commercial Court at Jodhpur in the building of Treasury (Rural) shall be completed expeditiously, in any case, within a period of two months. (v) The High Court is directed to consider the proposal of construction of the building of Commercial Courts at Udaipur and Ajmer and forward the same to the State Government within a period of two weeks. (vi) The State Government is directed to take appropriate decision regarding the allotment of the appropriate land for Commercial Court/new court building of Kota judgeship as proposed, before the next date of hearing. List the matter on 16.7.2019.