T.Ramu And Others v. The Union Of India And Others

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/414/2022 T. Ramu and others ... Petitioners Vs.

The Union of India and others ... Respondents Mrs. Anjili Nag ...for the Petitioners Mr Shatadru Chakraborty Mr. Ramendu Agarwal ...for the Respondents December,13 2022 [ SR] Item No.5 The Secretary (Law), Andaman & Nicobar Administration has filed a report dated 13th December 2022. The directions passed on 24th November, 2022 required the Secretary (Law), & N Administration to file an unambiguous statement as regards creation of nine posts that are vitally necessary for the functioning of Circuit Bench of the Calcutta High Court at Andaman & Nicobar Islands. The issue remains in limbo after going to and fro between the Andaman & Nicobar Administration and Law Ministry in the Central Government.

The Secretary (Law), Andaman & Nicobar Administration has said in his report that permission of the Government of India, Ministry of Law and Justice is required for the creation of the nine posts. The posts, in question, are that Sweeper, Mali and Farash.

The said posts and persons are vital for the maintenance of cleanliness and hygiene at the Circuit Bench. The petitioners are being engaged as Daily Rated Mazdoors and are being paid pittance. The Circuit Bench of the High Court cannot be expected to function without permanent posts in the Group-D category.

In those circumstances, the Andaman & Nicobar Administration and particularly, ,the Lieutenant Governor, A & N Islands is hereby directed to create the said nine posts of Sweeper, Mali and Farash forthwith for the Circuit Bench of the Calcutta High Court at Port Blair.

The Government of India. Ministry of Law and Justice shall accord approval of the said posts immediately. Appropriate budgetary allocations shall be made by the Central Government in the Annual Plan for judiciary in this regard.

The Finance and the Planning Branch of the A & N Administration shall take appropriate steps inter alia for ensuring budgetary provisions in this regard. It is expected that aforesaid exercise shall be carried by the A & N Administration and the Central Government, Ministry of Law and Justice and Ministry of Finance mandatorily and positively within a period of two months from date. The Secretaries of the aforesaid ministries shall ensure due compliance of this order.

WPA/414/2022 stands disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )