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State of Odisha - Act

The Orissa High Court (Appointment of Staff) Rules, 1963

ODISHA
India

The Orissa High Court (Appointment of Staff) Rules, 1963

Rule THE-ORISSA-HIGH-COURT-APPOINTMENT-OF-STAFF-RULES-1963 of 1963

  • Published on 1 January 1963
  • Commenced on 1 January 1963
  • [This is the version of this document from 1 January 1963.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Orissa High Court (Appointment of Staff) Rules, 1963In pursuance of the powers vested under Clause (1) of Article 229 of the Constitution, the Chief Justice of the High Court of Orissa hereby makes the following rules to regulate the method of appointment of officers and servants of the Court :

1.

(1)These rules may be called "The Orissa High Court (Appointment of Staff) Rules, 1963" and shall come into force at once.
(a)Nothing in these rules shall adversely affect any person who was a member of the service on the date of coming into force of these rules.
(b)Where these rules adversely affect any person who was a member of the service before date of coming into force thereof, he shall be governed by the rules and orders, if any, which are applicable to him immediately prior to such date.

2.

- The staff of the High Court shall, subject to any modification that may be made hereafter, consist of both gazetted and non-gazetted posts and shall be classified as follows :
  [Gazetted [Substituted vide H.C.Notification No. 688/11.9.1974.]  
Class I- ... Registrar
Class II-    
Category 1 ... Joint Registrar.
Category 2 ... Deputy Registrar.
    Assistant Registrar
Category 3 ... Additional Assistant Registrar.
Category 4 ... Law Reporter
Category 5 ... Stamp Reporter and Oath, Commissioner.]
  Non-Gazetted  
Class III-    
Category 1 ... Superintendents
Category 2 ... Junior Superintendents
Category 3 ... Judgement-writers
Category 4 ... Translators
Category 5 ... [Assistants- (a) Senior Assistant [Substituted vide H.C.N.No. 591/19.11.2007; O.G.No. 48 dated 30.11.2007.]
    (b) JuniorAssistant]
Category 6 ... Peripatetic Stamp Reporter
Category 7 ... [Stenographers- [Substituted vide H.C.N.No. 591/19.11.2007; O.G.No. 48 dated 30.11.2007.]
    (a) Senior Stenographers
    (b) Junior Stenographer]
Category 8 ... Court Officer
Category 9 ... Diarists and Despatchers
Category 10 ... Library Attenders
Category 11 ... Remunerated Typists and Copyists
Category 12 ... Treasury Sarkar
Class IV    
Category 1 ... Duftaries
Category 2 ... Jamadars
Category 3 ... Orderly and Office Peons
Category 4 ... Malis
Category 5 ... Sweepers
Category 6 ... Fares
Category 7 ... Mulias

3.

Appointments to the posts in Class I and Class II and to the Posts in categories 1 and 2 in Class III shall be made by the Chief Justice. The remaining appointments shall be made by the Registrar.

4. [ [Substituted vide H. C. Notification No. 688/11.2.1974.]

The Registrar, the Deputy Registrar and the Assistant Registrar shall be members of the Orissa Superior Judicial Service (Senior Branch), the Orissa Judicial Service (Class I) and the Orissa Judicial Service (Class 11) respectively. The Joint Registrar shall be a person as indicated in Sub-rule (4) of- Rule 6 of the Orissa High Court (Conditions of Service of Staff) Rules. The Additional Assistant Registrar shall be a person as indicated in Sub-rule (5) of Rule 6 of the Orissa High Court (Conditions of Service of Staff) Rules.]

4A. [ [Inserted vide Correction Slip No. 1.]

(1)A person to be eligible for appointment as Law Reporter should be an Advocate of at least 10 years' standing practising at Cuttack in the High Court of Orissa and should not be less than 35 years of age by the date of his appointment as Law Reporter.
(2)When the post of Law Reporter falls vacant, or is about to fall vacant, the Registrar of the High Court shall prepare a list of about five eligible candidates and submit the same to the Chief Justice for consideration and selection of one of them for appointment as Law Reporter :Provided that if the Chief Justice is of opinion that there are any other suitable candidates whose names are not included in the list, lie may include their names in the list.
(3)The Chief Justice may interview the candidates before making the selection and for this purpose he may appoint a Committee of three Judges to assist him at the time he makes initial selection of a candidate for the post.]

5.

(a)Appointment to the posts in category 5 (c) and category 8 in Class III referred to above shall ordinarily be made by direct recruitment. Not less than 50 per cent of the posts in the cadres of Grade I and Grade II shall be filled up by promotion of Grade II and Lower Division Assistants, respectively.
(b)Appointments to Class IV posts shall be made either by promotion or by direct recruitment as the case may be, according as the appointing authority shall in each case determine.

6.

All appointments by direct recruitment in Class III service shall be made by notifying the vacancies to the Local Employment Exchange:Provided that such notification will not impose any obligation on the appointing authority to recruit any person through the Exchange to fill any vacancy merely because that vacancy has been notified :Provided further that failing recruitment through the Employment Exchange either in part or whole, the vacancies may be filled up by advertising them in the newspapers and Official Gazette.

7. [ [Substituted vide Orissa H. C. Notification No. 82/10.3.1980.]

Every candidate for appointment by direct recruitment or recruitment from the subordinate Courts shall not be above thirty five years of age in case of Class III servants and thirty-seven years of age in case of Class IV servants and shall be of good conduct, sound health, good physique, active habits and free from any communicable disease and shall further be-
(a)a Graduate with a minimum speed of 120 words per minute in shorthand and 50 words per minute in typewriting for appointment to a post in category 3 of Class III;
(b)a graduate with honours in English or Oriya for appointment to a post in category 4 of Class III;
(c)an honours Graduate with at least ten years' experience in any subordinate Court or a Law Graduate with one year practice at the Bar or three years' experience in any subordinate Court for appointment to a post in category 5 (a) Class III ;
(d)a graduate with not less than ten years' experience in a sub-ordinate Court for appointment to a post in category 5 (b) of Class III;
(e)[ a graduate in any disciple with an additional qualification of Diploma in Computer Application (D.C.A.) from a recognised institute for appointment to a post of Junior Assistant in category 5 (b) of Class III.]
(f)[ Law Graduate with at least five years' experience in any subordinate Court or in the High Court or at least three years' practice at the Bar for appointment to the post in category 6 of Class III ;] [Substituted vide Orissa Gazette Extraordinary Part-III-No. 36/7.9.1990.]
(g)[a graduate in any disciple with an additional qualification of Diploma in Computer Application (D.C.A.) from a recognised institute] [Substituted vide H.C.N.No. 591/19.11.2007; O.G.No. 48 dated 30.11.2007.] with a minimum speed of 100 words per minute in shorthand and 50 words per minute in typewriting for appointment to a post in category 7 (a) and with a minimum speed of 80 words per minute in shorthand 40 words per minute in typewriting for appointment to a post in category 7 (b) of Class III ;
(h)an intermediate with at least 10 years' experience in some administrative post insubordinate Courts for appointment to a post in category 8 of Class III;
(i)a person having good speed in typewriting and good caligraphy in Oriya for appointment to a post in category It of Class III;'
(j)a good cyclist with elementary knowledge in English and Oriya for appointment to the posts in categories 1, 2 and 3 of Class IV ;
Provided that the appointing authority may in the case of any suitable and highly deserving candidate or class of candidates, dispense with all or any of the above requirements.]

8.

Candidates for appointment by direct recruitment may be required by the appointing authority to appear for an interview at their own cost and to pass such test as may be prescribed by the High Court to assess their ability.

9.

To secure better representation for Scheduled Castes and Scheduled Tribes [18] [Substituted vide Orissa Gazette Extraordinary Part-III/5.1.1968.] per cent of posts to be filled up by direct recruitment. shall be reserved for Scheduled Castes and [20] [Substituted vide Orissa Gazette Extraordinary Part-III/5.1.1968.] per cent for Scheduled Tribes. Such reservation shall be subject to the condition that the candidates possess unless relaxed by the appointing authority the minimum prescribed qualification mentioned above. In case such candidates be not available, the reserved posts may be filled by candidates of other communities. The maximum age-limit for such candidates shall be relaxed by five years.

10. [ [Inserted vide H.C.N.No. 591/19.11.2007; O.G.No. 48 dated 30.11.2007.]

The Selection Committee shall have the right to short-list the candidates on the basis of their educational qualification including knowledge in computer operation.

11.

The life of the selection list shall be for a period of one year and to be reckoned from the date of first appointment from such list.][12] [Re-numbered vide H.C.N.No. 591/19.11.2007; O.G.No. 48 dated 30.11.2007.].The appointing authority may satisfy himself about the desirability of appointing any particular candidate by making such enquiry as he may deem necessary.