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Bengal

‘Judges suffering due to state’s decision to appoint contractual workers in sanctioned posts’

Kolkata: Expressing disappointment over the state’s tendency to fill up sanctioned posts in courts by engaging contractual employees, the Calcutta High Court’s Chief Justice on Tuesday said district judges and other judges in the various judgeships in West Bengal are suffering due to it.

The Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya was hearing a petition which appealed against the order of a Single Bench which had stayed two recruitment notifications for appointing contractual employees in posts such as stenographers and bench clerks in the district judiciary. It had reasoned these are sensitive positions and cannot be filled with contractual employees. The Division Bench upheld the Single Bench’s order.

Apart from mentioning it during the hearing, the court in its order observed: “. It cannot be disputed by the state government that confidentiality and safety of records are a prime ordeal in the courts in the country. By making contractual appointments, that too in vacancies arising in the promotional posts, it will demoralize the workforce who aspire and desire to be considered for promotion to the higher posts.”

Further, the court observed: “It is not clear as to why the state has not commenced the recruitment process. It has also been noted by the Single Bench in the interim order dated 31/7/2024, keeping

open these issues.

As a High Court, we are also concerned about the difficulties faced by the district judges and other judges in the various judgeships in the state of West Bengal. The situation in the high court is no better. Contractual appointments/engagements can be made in exceptional circumstances where there is genuine difficulties in not being able to fill up the posts which are

sanctioned posts.

Apart from that, periodical review of the character strength is required in every establishment, more particularly in the court establishments. Whenever proposals are sent for creation of posts, invariably the reply received by the High Court from the state government is granting permission for contractual appointees. This trend is not appreciable.”

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