Institute of Legal and Management Studies

The Supreme Court today proposed engagement of retired personnel and contractual staff to deal with shortage of stenographers in the Central Administrative Tribunal, Jammu.

A bench of Justices Surya Kant and Joymalya Bagchi was dealing with the case where, in December, 2023, the Court was informed of a tentative proposal as per which, once the new complex for Jammu & Kashmir and Ladakh High Court is completed, the CAT bench at Jammu could shift into the old building.

During the hearing, Justice Kant orally conveyed to Additional Solicitor General KM Nataraj that the government is expected to allot land and budget for construction of the High Court bench in Jammu, after which the High Court old building can go to the Central Administrative Tribunal.

The ASG replied that the government would immediately try to find some alternative private accommodation. He sought 2 weeks' time to come back with fresh instructions.

On the other hand, the petitioner (in-person) submitted that there is a dire need for stenographers in the Tribunal, since over 800 cases stand reserved but there is just 1 stenographer available. "Stenographer has become a scarcity, you are absolutely right", commented Justice Kant in response.

The petitioner also contended that despite lapse of 5 years, the Tribunal is functioning from the same old building and has not been shifted yet. He however acknowledged that there has been improvement in the disposal rate of cases. Ultimately, Justice Kant dictated,

"The petitioner in person has pointed out and very rightly so that there is a scarcity of assisting staff, more importantly stenographers. In this regard, Union government may think of hiring the services of retired personnel or sending [...] employees on deputation. Alternatively, an advertisement may be issued for contractual engagements till the selection process for regular appointments is finalized."

Calling for a compliance report, the bench listed the matter after 4 weeks.

Notably, when this matter was taken up in January, the Court flagged concerns about outsourcing of private individuals into judicial institutions and running of the institutions at private properties. "It is highly desirable that there should be a permanent building of the Tribunal alongwith proper courtrooms, chambers, officers and other staff of the Tribunal. Similarly, it may not be prudent to deploy the outsourced staff in judicial/quasi-judicial institutions where maintenance of records, confidentiality and updating of records are day-to-day challenges", it said.

In this hearing, the Court considered a status report filed by the Union, which explained that a private building had been decided to be taken on rent as a make-shift arrangement for the Tribunal. Although, there were some shortcomings in the said building and the work regarding removal of deficiencies was likely to be completed by end of January, 2025.

Today, the Court was informed that some defect in the title of the proposed property was found at an advance stage and therefore as a temporary measure, the government will try to settle another makeshift arrangement.

Case Title: ACHAL SHARMA Versus UNION OF INDIA AND ORS., W.P.(C) No. 877/2020