"GP is an important link between the court and the state. On account of there being no regular incumbent or at least an in-charge, the entire functioning of GP's office would come to a standstill. Unless there is a notification authorizing someone to act as GP, his duties and the functions could not be discharged," the judges observed.
The judges said they failed to understand why it should take so long to even authorize someone to act as in-charge. "The government was well aware, at least from December 20, 2013, when news regarding the President of India clearing the names of five lawyers to be appointed as judges of this court was widely published. It was also known that the then incumbent (Sambre) was likely to take over as additional judge of this court in a short period," they stated.
Pointing out that the post was lying vacant since January 6, Justices Gavai and Chandurkar said they had asked additional government pleader Bharti Dangre a number of times whether the government had appointed someone to officiate as GP until a regular incumbent was appointed. "Time and again, we have been informed by her that the matter is pending consideration before the government," they said expressing their deep anguish.
"We direct the government to authorize a person of their choice to act as at least in-charge till the GP's post is filled in by regular process before January 31, the next date of hearing," they said while asking Dangre to convey the court's order to advocate General Darius Khambata.
The court's censuring of the government came while hearing a petition filed by Sarjerao Chauhan and others, working as drivers in various government departments, praying for a hike in their salaries which had not been revised since 1999. State chief secretary was a respondent in the case.
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