The Doctrine of Decluttering and Tidying up in Respect of File Management, Staff Management & How to make Brief for Judgments.
(Vandana Singh Katiyar)
Researcher & Advocate
&
(Vijay Kumar Katiyar)
Deputy Director
JTRI, UP, Lucknow
Introduction:-
It is a ground reality that our Courts in Indian are overburdened due to the huge pendency of the cases. The strength of judges in respect of population of the Country is less in number. In most of the States in Indian, there is a lack of infrastructure and human resources means skilled Staff, Stenos, technical support staff, etc. But despite the poor ground reality Courts are duty-bound to dispose of cases expeditiously. This mandate creates problems and mental stress for our Judges. Judges are indeed the Mangers of the Manager. It means that management is the key tool by which we can reduce our stress, and make adjudication expeditiously. Traditionally there are so many manuals and technical tools and technics by which you can manage your Case, Court, and Docket such as the personal skills of the presiding officer, and tools of CIS, etc. But in this article, I would like to apply the Doctrine of Decluttering and Tidying up as an inherent doctrine of Minimalism in a modified manner with practical experience working as a Judge. The moto of this article is to apply a new, or non-traditional approach concerning file management and how to make brief for Judgments.
Keywords- 1. Decluttering. 2. Tidying up. 3. Minimalism. 4. Management. 5. Parkway.
The doctrine of Declutter and Tidying up:-
The doctrine of Decluttering and Tidying up is the inherent doctrine of Minimalism. Even though these doctrines have been propounded by Famous U.S. Author Joshua Becker in his famous book "The more of less" and Renowned Japanese Author Marie Kondo in his popular book "Spark Joy". Before going to elaborate on the doctrine of Decluttering and Tidying up it will be very helpful for readers to explain the doctrine of Minimalism.
Even though the practice of Daan (Gift) is frequently prevalent in India from the ancient era. The people of this country are known for their kind Daan to the needy people. In Hindi, there is the prevalent maxim "Pran jayi par vachan na jayi" which means if any person made any promise to another person he will full fill that promise at any cost. King Harish Chandra, Karna, King Mahbali & Lord Buddha are known for their commitment in respect of Daan. Another maxim is also prevalent in India "keep those belongings whichever necessary for life and unnecessary possessions should be removed for needy persons" & "Simple living and High thinking" This is the Indian philosophy for a happy and satisfied life.
I think the Indian philosophy in this regard is extreme because it believes in removing all stuff or belongings. We can say in the native language this is like a "fakarpan".The tradition of Rishis is the based example in this respect. This is the Indian philosophy for a happy and satisfied life.
The doctrine of Minimalism is base on ancient Indian philosophy. In simple terms, Minimalism means to live with fewer possessions and remove your unnecessary possessions because fewer belongings create less stress and liability. But I think Indian philosophy in respect of Minimalism is extreme, it believes in removing all kinds of stuff or belongings.
The doctrine of Minimalism propounded by U.S. and Japanese Author is something different means it does not say to remove your all belongings but it says to remove your unnecessary stuff or belongings and keep those belongings that gives happiness and satisfaction. The universal benefits of Minimalism are saved more time and energy, save more money, creates more generosity, more freedom, less stress, less distraction, less environmental impact, higher quality belongings, a better example for our kids, less work for someone else, less comparison, more contentment. According to Joshua Becker “ Minimalism is the intentional promotion of the things we most value and the removal of anything that distracts us from them.”
The doctrine of decluttering and tidying up is the method of Minimalism by which you can keep belongings that are necessary and remove those stuff that unnecessary and how to adjust stuff which necessary and to what manner unnecessary stuff to be removed. Marie Kondo in his book Spark joy propounds Kon Mari's method of tidying up. According to Author keep those belongings that spark joy and remove all unnecessary stuff that does not spark joy. The basic rules of decluttering and tidying up to collect all stuff in the same place then apply the rule of tidying up like- Commit yourself to tidy up, imagine your ideal lifestyle, finish discarding first, tidy by category, not by location, follow the right order and lastly ask yourself if it sparks joy.
Applicability of the doctrine in Courts in respect of file management:-
Even though the doctrine of Minimalism and its method of decluttering and tidying up is not applicable in a true sense as propounded by Joshua Becker and Marie Kondo because these doctrines talk about the removal of anything that distracts us from living a happy life. But in the case of file management, we can not remove all those files which distract us from smooth working because the Court's files do not come within the purview of stuff or belongings. But I think we can apply these doctrines in a modified manner concerning file management. How to decluttering and tidying up the Court files? It is a big challenge before Presiding officers. We can apply the doctrine mentioned above in a modified manner with practical experience. It means that there are three basic questions in respect of file management are What?, Why? & How?
As a Judge, you know very well that what is file management and why file management is required therefore the description in respect of what and why is skipping by the same. But the important aspect in respect of how is necessary therefore we can elaborate in the manner below-
1. Shorting files category wise
2. Flag method before and after proceeding.
3. Decluttering files
4. Take up uncontested first.
5. Strategy when Advocates are absent or do not appear on time.
6. Advocate searching method.
7. Take help from all the staff.
8. Take help of Computer as well as CIS software.
9. Equal distribution of work.
1. Shorting files category wise:-
The first method for the management of files is to shortlist the files according to their category. You can take the help of the cause list generated by CSI for this purpose. Shorting may be done by both civil as well as criminal courts. For the convenience of the readers, the table is being given as an example as follows-
2. Flag method before and after proceeding:-
The second very important aspect of file management is the flag method. It means that in this method there are two certain places in a Courtroom where category-wise flags should be paste (affix) one place for before proceeding and another for after proceeding. Each file should be placed on their flag category after completion of the proceeding file should be put in that place who is certain for after proceeding according to their flag category. When you follow this formula then it results in a very systematic way in respect of all stakeholders and the environment of the Courtroom would be very tidy and sparse. It has also resulted in the completion of the proceeding on time.
3. Declutter files:-
First of all, it will have to do by all the Judges to declutter those files in which parties are remaining absent for a long time or files which have become infructuous. The order of dismissing in default in respect of such files or appropriate orders may be passed after affording the fair opportunity to the parties. It must inculcate that if any file has been received by transfer then notice under Rule- 89A, G.R. Civil should be given to the parties or his counsels, despite service of the notice, if parties remain absent then the order of dismissing in default should be passed. In case if the file is stayed by the Superior Court and proceeding is pending in nature and such stay order is more than six months old and there is no clear cut extension of such order then in light of the Asian resurfacing Road Agency vs CBI. case the proceeding should be initiated and decided as per prescribed law, but in case of execution above case law is not applicable.
Example-1
If Misc file under order-9 rule-13 CPC is pending before you and simultaneously appeal also filed by the opposite party, the appeal has decided by the appellate Court and Misc case under order-9 rule-13 CPC is still pending then as soon as you get the information about disposal of the appeal you can make order in respect of Misc application because such application has become infructuous.
Example-2
If there is an Execution case is pending against Exparte Decree and you have allowed Misc application under order-9 rule-13 CPC and set aside the Exparte Decree, as soon such order passes by the Court Execution in this respect shall be become infructuous, you can pass appropriate order in this respect and consigned the Execution case to the record room by the same.
4. Take up uncontested first-
Rule-81 of General Rule Civil provides that A Judge shall before beginning his work for the day go through the cause list, dispose of all uncontested work first, and then begin the contested work. It means that when you sit on the dice at 10:30 am, call upon those files which are uncontested or less contested. It means that it may be O.S. listed for Exparte hearing or Exparte evidence or Exparte argument or disposal of the commission report. If the file is more than five years old then keep for waiting of Advocates for some time and while Advocate present then will insist to file evidence or written argument or objection against commission report if any, then you can fix for argument or reserve for judgment or disposal of the commission report, as the case may be. If no one is present then wait for only three dates and the date should be fixed very short. If Plaintiff is continuously absent from three dates then you can make an order of dismissing in default. In case of less contested matters like application under order-9 rule-4 within limitation, order-9 rule-9 within limitation when objection of the opposite party has been filed and original file has to receive form Record room, in case there is the formal objection of the opposite party or he is pressing the only cost, then you can reserve those files for final order because there is no serious contest between parties.
5. Strategy when Advocates are absent or do not appear on time:-
Always sit on the dice on time because a message should be conveyed to the Bar that the particular Presiding officer is very punctual if you will not present on time then he will pass adverse order. This is my 12 years of personal experience that Advocates practicing in the civil side appear in the court very late, but you are sitting on the dice since 10:30 am but no one is present despite repeated calls (pukar). For resolving this situation you have to make a strategy. Select those files in which proceeding can be initiated while Advocates are absent or present but very late hours.
Example-
Files listed for process against the opposite party, Framing of issues, Framing of Charge, etc.
6. Advocate searching method:-
It is a very important aspect of file management and very interesting also. Select those files in which you think there is a requirement of a particular Advocate then you can search those counsels and pass appropriate orders on merit. It can be easily understood by examples these are as follows-
Example-1
If there are some files listed for disposal of preliminary issues regarding Suit valuation and Court fees Act, after perusal of the file you think objection of the opposite party is formal in nature and Suit is properly valued and sufficient Court fees paid. In this situation, your strategy should be to search out the counsel of the opposite party and hear him and make an order even the plaintiff's counsel is not present. There are no practical problems occurred if you decide the particular issue in the favaur of Plaintiff.
Example-2
If there is an original suit is pending for the disposal of interim application for the taken record to some documentary evidence, even issues have been framed. The objection has been filed by the opposite party, it appears to the file object is formal in nature his purpose is to press cost then you can allow that application even plaintiff counsel is absent. But the formal presence of the plaintiff counsel should be mentioned in the order.
7. Take help from all staff.
I do not believe in the phrase that "Judges are next to God on the Earth." But I believe in team feelings with democratic values in which each staff as a team member has to entitle to full respect and participation in decision making therefore modern Judges should have no hesitation to take the help of their staff.
8. Take help of Computer as well as CIS software:-
Technology is meant for a human being. You can get the benefit of the technology and make your work easy. You can generate a cause list with the help of CIS software and can make shorting of the file according to their category. You can monitor all files and make a necessary direction to the office if any particular file has not been sent to Court.
9. Equal distribution of work:-
Equal distribution of work is a very important tool of file management. In most of the districts in Uttar Pradesh, there is no equal distribution of work. I would like to share here the subjective experience based on my 12 years of practice as a judge in the different districts of Uttar Pradesh. I am giving a lum sum data during my posting in the table given below-
The data mentioned in the table reveals that the first three districts belong to Eastern Uttar Pradesh while the last three districts belong to Western Uttar Pradesh. The comparative chart denotes that the pendency of the Eastern districts of Uttar Pradesh is more than the Western districts of Uttar Pradesh. Based on personal experience, it can be said that the strength of Judges in respect of pendency is less in eastern U.P., compared with western UP. But the practical position is the different concentration of Judges is much more towards western UP despite that there is huge pendency in eastern up but history reveals that Courts are creating for western districts of UP whereas it is much more necessary for an eastern reason. I think if Courts create based on pendency and work should be distributed equally then the file would be managed properly and it results in qualitative adjudication.
It also inculcates that in the same district there is no equal distribution of the work such in a Courts of CJM very large number of cases pending but on the other hand Judicial Magistrate has very less pendency. There is the same position in the civil side the pendency in the parent Courts is much more compared with Additional Courts. There is the same position at the District Judge level.
The above observation is base on my subjective 12 years of experience. But I would like to share objective data taken from the National Judicial Data Grid (NJDG) in respect of pendency and strength of Judges. The table is as below-
The data mentioned above has been taken from the website of the National judicial data grid. The data mentioned reveals that the total pendency in western districts of Uttar Pradesh is 3799486 out of 1105 Judges while in the districts of eastern Uttar Pradesh total pendency is 5039889 out of 1273 Judges. It means that in the eastern districts of Uttar Pradesh the ratio of per Judge pendency is 3959 whereas in western districts ratio is 3438 per Judge. It is quite clear that the ideal ratio of the pendency per Judge should be 500 cases. Data reveals that the Judge posted in eastern UP is eight times overburdened and in the western district, every judge is seven times overburdened. This data denotes that there is a requirement of more Judges and Courts by which the equal distribution of the file should be made according to the prescribed ratio.
Staff Management:-
I always believe in this philosophy that Judges are managers of the Manager and before becoming Judge we are balancers. There is no doubt we are dealing with very complicated judicial work. For the smooth functioning of the Judicial work, the quality and commitment of the human resource is condition precedent. It means that without management of the staff you can not do your job properly. In a staff, each one is very important such as if there is no orderly then who will call upon the cases. Hence I think as an HR manager we have taken into account several considerations, But there are three basic questions which have been taken into mind while dealing with the staff Management; what, why, and how? You already know about what is staff management and why it's required to manage. I have already discussed the response to both questions therefore I am going to skip these questions regarding what and why. Now the question before us is how to deal with the really how to manage staff and what kind of treatment should be given or what kind of motivation is required? For the shake of convenience, the points of the strategy are being given as below-
1. Apply democratic values
2. Team feelings.
3. Leadership.
4. Categorize your staff according to their psychology & potential
5. How to manage your staff according to their category?
6. Motivate your staff according to their stage of need.
7. Informal Relationship
1. Apply Democratic values:-
We are living in a democratic country but often behaving like Monarch or King. I do not believe in the phrase that "Judges are next to God on the Earth." But I believe in team feelings with democratic values in which each staff as a team member has to entitle to full respect and participation in decision making therefore modern Judges should have no hesitation to take the help of their staff. Most of the time we behave like King, But democratic values required a very soft and courteous behave. Democratic values include participation, equality, autonomy, freedom, justice, commitment, impartiality, dignity, and lastly informal relationship.
2. Team feelings:-
Team feeling is very important aspect dealing with your staff because as earlier I have told we are living in a democratic country, therefore, the entire staff is playing its role, nobody can take their place. Judges are the only captain of their team you will have to play the role of motivator, mentor, team leader. It also inculcates that the emotions regarding team feelings should be maintained among your staff. While you are working in your Court you should have remembered the role of each of staff and always appreciate their roles, Not only appreciate but make a comparison like a cricket team such as whenever talk with your Reader say like this you are my opener batsman and all-rounder player thereto and so on in respect of other staff also. It means that the oral constructive compliment should also be given to your staff. It is human psychology that each one is like their appreciation.
3. Leadership:-
According to our constitution, each and everyone is equal it is prohibited that no discrimination should be made among human beings. Staff is also human beings, Judges are also human beings. Our country is Sovereign, Socialist, Secular, Democratic, and Republic, hence our constitutional duty is to protect the constitutional values. It is quite clear that our political system is democratic and Republic. It means the entire Judges and their staff is selected by the prescribed statutes. Statutes are the mandate of our Constitution. Constitution is Grund Norms, all statutes work under the guidelines given by our Constitution. As a democratic and republican country, we must behave like team leaders. It is also kept in mind that we are not a king so we can not behave like a king. Behaving like a king is the symbol of monarchy and it is against democratic values. As a leader, we should have the capacity of decision making, punctual, objectivity, Impartiality, take the participation of their staff, take responsibility in a difficult time and shows firm determination and commitment towards their works.
4. Categorize your staff according to their psychology & potential:-
For establishing control over your staff there should be categorization based on their psychology and potential is required. The category of the staff is very important for the bifurcation of the psychology and potential of the staff by which tools and technics in respect of controlling and motivating him should be adopted. It inculcates that equal treatment can not be given to the entire staff because their psychology and potential are different from each other. It means that if psychology and potential are different then it is required different treatment. there are four categories of staff according to their psychological and potential capacity. These are as follows-
It is clear from the above-mentioned diagram that being able is equal to being skilled while being willing is equal to compassion. The first category of the staff is who is able and willing both, the second category of the staff is who is able but not willing, the third category of the staff is who is not able but willing and the last category of the staff is who is neither able nor willing.
I would like to discuss here that the above category is general in nature. It means that if you adopt the pragmatic approach then you can say there may be a mixed category of the staff as mentioned above. It is possible because man is a very complex and complicated animal.
How to manage your staff according to their category?:-
As you know that there are four categories of staff, but the million-dollar question is how to manage your staff or how to use their potential for the administration of justice? It is quite clear that similar treatment can not be given to the entire staff because they belong to different categories according to their potential and psychology. It also means that " Ek hi lathi se sabko nahi hanka ja sakta hai." I will try to give a response category-wise regarding tackling or controlling the staff properly. You can easily understand through the category given below-
1.Category-A:-
Category-A of the staff is that category in which the staff or particular official belongs to an ideal category means who is able and willing both. It means that if the official belongs to this category, it has the capacity or proper skill in respect of assigned work and is intentionally willing to assign work thereto. Such kind of persons are committed and punctual towards their work so requires below-mentioned treatment-
Do not touch- If you interfere then he can be irritated very soon and sometimes demoralize also, therefore, do not touch such kind of officials during they are performing their work.
Give autonomy- When you give autonomy to our officials then he would apply his entire talent and creation.
Appreciation- If you appreciate your staff then it will give you positive results and the confidence of the staff would be always high and the environment of a Courtroom would be very pleasant.
Sometimes motivate him- It is a natural thing that all time no one can keep himself motivated, sometimes there is a requirement of motivation. Motivation gives energy to particular officials and it would be also resulted in a pleasant atmosphere of the Court and developed a very good working culture.
The informal relationship- Informal relationship is very important too by which you can control and manage your staff properly. A famous thinker Alton Mayo has already been done several types of research in this particular area and concludes that if there is an informal relationship among officials and his superior authority then it resulted in better performance.
Do not touch- If you interfere then he can be irritated very soon and sometimes demoralize also, therefore, do not touch such kind of officials during they are performing their work.
Give autonomy- When you give autonomy to our officials then he would apply his entire talent and creation.
Appreciation- If you appreciate your staff then it will give you positive results and the confidence of the staff would be always high and the environment of a Courtroom would be very pleasant.
Sometimes motivate him- It is a natural thing that all time no one can keep himself motivated, sometimes there is a requirement of motivation. Motivation gives energy to particular officials and it would be also resulted in a pleasant atmosphere of the Court and developed a very good working culture.
The informal relationship- Informal relationship is very important too by which you can control and manage your staff properly. A famous thinker Alton Mayo has already been done several types of research in this particular area and concludes that if there is an informal relationship among officials and his superior authority then it resulted in better performance.
2. Category-B:-
The officials who come within this category, are able but not willing. It means that they are skilled as well as competent but the drawback is, they are not properly motivated to do their job due to some reasons. You can tackle your staff according to the below sub-titles-
1. Set an example as a leader- The temperament of an official who belongs to this category can not be changed by mere preaching. It means that first treatment to this category is required to the superior authority to play the role of leader and set an example by his dedication, commitment, and overall conduct. If you want positive and constructive expectations from your officials then first of all you will have to do. I think "Acharan ki sabhyata" is most important rather than" pravchan. "
Example-1. Suppose you have ten years old son he is able but not willing to read a particular chapter or complete his homework despite repeated request. You start reading every day, after few days your son will start reading even though you have not made any request about this.
Example-2. Suppose you have made an order to your office clerk for making process in some cases, But he does not take notice despite repeated request, then you should call your clerk in place of scolding him, make an order to put all particular files on the table of retiring room in which process has to make, you should start making summons or NBW, But it is my firm belief that while as you should start making, then such clerk feels guilty and will take all files from your table with this request sir I will complete my work soon and certainly he will say sorry also.
2. Motivation- It is a natural thing that all time no one can keep himself motivated, sometimes there is a requirement of motivation. Motivation gives energy to particular officials and it would be also resulted in a pleasant atmosphere of the Court and developed a very good working culture. Motivation is the diet of the Brain such as your body requires healthy food every day like this your mind needs some new ideas. New ideas stimulate the mind in a positive direction and keep it healthy. As a leader, you will have to play such a kind of role by which you can generate new ideas because a creative mind gets bore early.
3. Appreciation- If you appreciate your staff then it will give you positive results and the confidence of the staff would be always high, and the environment of the Courtroom would remain very pleasant. When you are appreciating your staff then you will have to adopt a pragmatic and dynamic approach. It means it depends on the circumstances of each incident.
4. Informal Relationship- Informal relationship is a very important tool by which you can control and manage your staff properly. A famous thinker Alton Mayo has already been done several types of research in this particular area and concludes that if there is an informal relationship between officials and his superior authority then it resulted in better performance. There is no doubt you are discharging Judicial, Administrative, and Non-judicial work. I think you can not help your staff on the judicial side because judicial work required impartiality and it hits directly to your integrity. But on the non-judicial side, you can make help your staff and make stronger your informal relationship which certainly will help you while discharging your judicial work with team spirit.
Example- Your Reader is working in your Court you know he is able but not willing one day it comes to your knowledge his wife has required some treatment in the district hospital, no one is cooperating in the district hospital, you make a call to CMO concerned and visit the hospital also after finishing his work and make assurance to their Reader I am with you. This kind of informal help would build a strong informal relationship.
3. Category-C:-
Category-C is that category in which officials are not able but willing. It means that even though the officials of that category are willing to do particular work but they have no necessary skill or capacity. You can control or give a treatment of that category as given below-
1. Help with learning- If any official has not possessed a particular skill then this is your duty as team leader to make him learn a particular skill. You can easily understand the examples which are being given below-
Example- A is a clerk posted in your office he is a new or old one but having no experience that how to make decree after passing the judgment. This is your duty to make him learn how to make decree after some time he will become perfect. But it is advised that do not scold such types of officials because they can demoralize.
2. Motivation- It is a natural thing that all time no one can keep himself motivated, sometimes there is a requirement of motivation. Motivation gives energy to particular officials and it would be also resulted in a pleasant atmosphere of the Court and developed a very good working culture. Motivation is the diet of the Brain such as your body requires healthy food every day like this your mind needs some new ideas. New ideas stimulate the mind in a positive direction and keep it healthy. As a leader, you will have to play such a kind of role by which you can generate new ideas because a creative mind gets bore early. If the officials are a new one and you are motivating him then he will give you the best because they have filled with energy, and your leadership certainly will give him positive direction.
3. Appreciation- If you appreciate your staff then it will give you positive results and the confidence of the staff would be always high, and the environment of the Courtroom would remain very pleasant. When you are appreciating your staff then you will have to adopt a pragmatic and dynamic approach. It means it depends on the circumstances of each incident. Each person has a creative mindset, and if you will appreciate your staff then you can vanish or remove all negative minds set which vested in your staff.
4. Informal Relationship- Informal relationship is a very important tool by which you can control and manage your staff properly. A famous thinker Alton Mayo has already been done several types of research in this particular area and concludes that if there is an informal relationship among officials and his superior authority then it resulted in better performance. There is no doubt you are discharging Judicial, Administrative, and Non-judicial work. I think you can not help your staff on the judicial side because judicial work required impartiality and it hits directly to your integrity. But on the non-judicial side, you can make help your staff and make stronger your informal relationship which certainly will help you while discharging your judicial work with team spirit.
Example- One day I was sitting in the chamber my one staff entered in the chamber and give salute Namste sir, I noticed his left hand which covered with plaster, I ask his what happened then he replied Sir, it was a small accident and I got fractured. A couple of seconds I have put on my wallet and ask him, have are you money? and offer him but very humbly he has denied and said Sir, I need your blessings said with "dab dabi ankho se". This incident has established a very strong informal relationship.
5. Some times show the fear of punishment- It is the last treatment which has been taken into consideration while controlling or managing your staff. But it must be kept in mind that as soon as you impose punishment, it will certainly lose its sanctity. Therefore on the place of using punishment, there is most important to show the fear of punishment.
Example- When you are treating your child and from time to time show some fear with your eyesight. But as ever you slap him the fear would be lost their sanctity.
4. Category-D:-
The fourth category indicates those staff who is neither able nor willing means neither skilled nor having any compassion. I would like to share the method by which you can control or manage your staff properly. These technics are as follows-
1. Show the fear of Punishment- It is the last treatment which has been taken into consideration while controlling or managing your staff. But it must be kept in mind that as soon as you impose punishment, it will certainly lose its sanctity. Therefore on the place of using punishment, there is most important to show the fear of punishment.
I would like to discuss one more thing: first of all, you should show the oral fear of punishment and warn about future consequences. If despite giving him an oral warning and he is still doing the same then you should have taken written action as issuing show-cause notice. Action regarding major punishment should be taken only in exceptional circumstances because an official who belongs to this category does not fit in his mental condition. Most of the staff falling in this category is either habitual of negative habits or in the stage of depression.
2. Counseling- I think most of the staff falling in this category is either habitual of negative habits or in the stage of depression therefore they need counseling. Counseling may be done either by the officer itself or may take help from an expert like a psychologist. An official who belongs to this category is not fit in his mental conditions. Most of the staff falling in this category is either habitual of negative habits or in the stage of depression.
3. Allot less important work- Most of the staff falling in this category is either habitual of negative habits or in the stage of depression, therefore, less important work should be allotted to this kind of the staff.
4. Watch his conduct- Most of the staff falling in this category is either habitual of negative habits or in the stage of depression therefore they need continuous observation. You can take the help of your staff who belongs to another category.
Maslow’s Hierarchy of Need theory and how to motivate your staff thereto:-
As you know in the above para of this article we have already divided four categories of the staff according to their psychology and potential. Similarly, based on Maslow's needs theory, we can bifurcate the five categories of the staff and each category requires different treatment in respect of motivation. These are as follows-
1. Physiological needs: The first of the id-driven lower needs on Maslow's hierarchy are physiological needs. These most basic human survival needs include food and water, sufficient rest, clothing and shelter, overall health, and reproduction. Maslow states that these basic physiological needs must be addressed before humans move on to the next level of fulfillment. While you are working in the Court system you found some of your staff comes in that category. It means he is living in the stage of "Roti, Kapda, and Makan", then you should treat him according to his stage by which he can feel motivated.
Example- Suppose your orderly is performing well and you are very happy with his conduct as well as his work, you gift a suit length of Remand, he will not be happy after getting suit length because he has no money to pay the Tailor. Another reason is he is in the stage of primary need if he gets Rs-1000/- on the place of suit length he will certainly be happy.
2. Safety needs: Next among the lower-level needs is safety. Safety needs include protection from violence and theft, emotional stability and well-being, health security, and financial security. If your staff belongs to this stage then his need is emotional support rather than money.
Example- Suppose any staff is mentally disappointed due to his family problems and you have to give him emotional support and give him assurance that I am with you and motivate accordingly then it gives him the strength to overcome the family problems.
3. Love and belonging needs: The social needs on the third level of Maslow's hierarchy relate to human interaction and are the last of the so-called lower needs. Among these needs are friendships and family bonds—both with biological family (parents, siblings, children) and chosen family (spouses and partners). Physical and emotional intimacy ranging from sexual relationships to intimate emotional bonds are important to achieving a feeling of elevated kinship. Additionally, membership in social groups contributes to meeting this need, from belonging to a team of coworkers to forging an identity in a union, club, or group of hobbyists.
4. Esteem needs: The higher needs, beginning with esteem, are ego-driven needs. The primary elements of esteem are self-respect (the belief that you are valuable and deserving of dignity) and self-esteem (confidence in your potential for personal growth and accomplishments). Maslow specifically notes that self-esteem can be broken into two types: esteem which is based on respect and acknowledgment from others, and esteem which is based on your self-assessment. Self-confidence and independence stem from this latter type of self-esteem.
Example- Suppose any officer or official belongs to this category is requires self-respect means "man-Samman". The superior authority provides him award like a trophy this is sufficient for the staff who comes in this category.
5. Self-actualization needs: Self-actualization describes the fulfillment of your full potential as a person. Sometimes called self-fulfillment needs, self-actualization needs occupy the highest spot on Maslow's pyramid. Self-actualization needs include education, skill development—refining talents in areas such as music, athletics, design, cooking, and gardening—caring for others, and broader goals like learning a new language, traveling to new places, and winning awards.
Park and Way method for managing your staff:-
It is quite clear that the above-mentioned method is based on the experience of others and there is a standard that has been already fixed by some principles. The method of park and way is such kind of method which will have been developed by yourself. Generally, you know in India if any park or way is proposed then before this there is no any research or observation of the people's activity has done, but all things must be fixed earlier, like Benches, Ways, Fountains, Plants, Gets, etc. But in England before making any Park or way, they leave the area of the park after making boundaries and observes sometimes the activities of people such as where people sit, places where they go, and where they make pagdandi. After that research, they decide the Way, Benches, Pagdandi, etc.
I think this park and way method adopts in the Court system. We can observe the activities of our staff and make a new strategy for controlling or managing your staff.
How to make brief for Judgments?
Making brief for judgment is a very important strategy therefore the things mentioned below should be kept in mind-
1. Chippi Method before Argument- Before hearing the argument, in any case, the entire material must be on tip means when any Advocate during argument referring any document then it should be in front of the presiding officer immediately by which you can hear the argument properly. For the smooth hearing and dictating the judgment chippi method should be adopted. It means that before hearing of the argument either file should be Nathi wise but due to lack of staff it is impossible, or the chippi of different colors requires. You can allot one color for the plaintiff and other colors to the defendant and Court proceedings. You should put flags of chippi on the document of the allotted color and write the paper number on the top of each flag or chippi. When you will hear arguments or dictating judgments this method will certainly help you and save your time and energy.
2. Make your own brief of each fact, Evidence & relevant argument laid by Advocates- The second strategy is to make a brief of the entire file from top to toe and then after dictating to the steno it will help you because all facts of the case would be in your mind. Adopting this method will certainly improve your quality of Judgment.
3. Dictate before Computer system- Take help the technology when you adopt the manual method means dictate entire judgment in the steno book then after correcting it will take more time and energy, therefore, I suggest you dictate your judgment in front of a computer system in the standing condition it will balance your sitting and save your health and time because most of the time we sit on the dice, there is no possibilities of physical exercise. Standing dictation will certainly provide you a better chance of physical exercise and keep you healthy
Conclusion-
After the above analysis, it is very clear that the method which has been propounded above to the same extent would be applicable in each and every sphere of life because organizations are everywhere. Family is the very important and primary organization you can apply all methods in their modified manner. Our judicial system is also an organization and your role is like a balancer so keep it up. I will wait for your positive response.
