State Editions

Conclave to cut down Govt cases through mediation

| | Ranchi | in Ranchi

Jharkhand State Legal Services Authority (JHALSA) has joined hands with the State Government to resort to Mediation, one of the fast emerging alternative dispute resolution (ADR) mechanism, for resolving the cases pending against the Government.

They have lined up a programme on September 16 at State Judicial Academy where all the Secretary rank officials, Advocate General, deputy commissioners and government counsels will be present to discuss as how they could use the ADR mechanism of Mediation, as mandated under the State’s Litigation Policy, to minimize the cases pending against the State Government.

Over 30 percent of around 90,000 cases pending in the Jharkhand High Court have been filed against the State Government.

JHALSA has resorted to sensitise the State government officials after its decision to hold a mega Lok Adalat for the university related cases in December last year had achieved a huge success.

Over Rs 127.54 crores had been disbursed after redressal of grievances, including non-payment of arrears of 5th and 6th Pay Commission, post retirement dues etc to 5,578 employees of various state-run universities through Lok Adalat.

The feat achieved by JHALSA headed by Justice D N Patel in the university cases had ensured entry of the Authority in the Limca Book of Records.

Justice Patel, the Executive Chairman of JHALSA, said that the programme to be attended by Supreme Court Judge Justice S A Bobde, Bombay High Court judge Justice B R Gavai and International mediator Sriram Panchu is a step forward to implement the State Litigation Policy.

The mandate of the State Litigation Policy is to encourage ADR mechanisms, such as Mediation, Conciliation, Arbitration and Lok-Adalats as essential prelude to litigation, as also an integral method of disputes resolution in appropriate cases.

There would be more effort to resort to these alternatives where it is not viable or feasible for a successful end to the dispute.

The objective of the litigation policy is to ensure conduct of responsible litigation by the State minimizing litigations, take effective steps to bring litigations to a logical conclusion efficiently and speedily in a result –oriented manner and ensuring justice for all.

Under the policy, the State is supposed to ensure that all service related disputes are firstly dealt with by the in-house mechanism/forum by resorting to conciliation and mediation, and in case they fail to bring out a result at the departmental level, the same may be referred to higher administrative authorities.

The nodal officer of each department will firstly suggest for reference of the matter to conciliation / mediation and only in such cases where a resolution does not appear feasible by such methods, or its nature is such that it cannot be so referred to for such measures, then only the State Government shall enter into litigating the dispute in courts.

Justice Patel said that the Advocate General, Secretary level officers, deputy commissioners and government counsels have been especially invited to be part of the sensitization programme. The AG happens to be the Chairman of State Empowered Committee, formed under the State Litigation Policy, which will resort to ADR mechanism and review the pending cases from time to time.

He said that officers holding the responsible position hesitate to admit even genuine claims of the persons. “Pursuing the litigation covered by a decision of the Supreme Court or the High Court is extremely burdensome on the State’s economy. So, the need of the hour is to develop the feelings of responsiveness in the government authorities,” he added. 




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