[Cites 0, Cited by 0]

State of Uttar Pradesh - Act

THE ALLAHABAD HIGH COURT OFFICERS AND STAFF (CONDITIONS OF SERVICE AND CONDUCT) RULES, 1976

UTTAR PRADESH
India

THE ALLAHABAD HIGH COURT OFFICERS AND STAFF (CONDITIONS OF SERVICE AND CONDUCT) RULES, 1976

Rule 00 of 1976

Published on 1 January 1976
Commenced on 1 January 1976
[This is the version of this document from 12 November 2021.]

[Amended by THE ALLAHABAD HIGH COURT PRIVATE SECRETARIES (CONDITIONS OF SERVICE) (AMENDMENT) RULES, 2021 (Rule 91 of 2021) on 12 November 2021]

THE ALLAHABAD HIGH COURT OFFICERSAND STAFF(CONDITIONS OF SERVICE AND CONDUCT)RULES, 1976THE ALLAHABAD HIGH COURT OFFICERS AND STAFF(CONDITIONS OF SERVICE AND CONDUCT) RULES, 1976In exercise of the powers conferred by clause (2) of Article 229 of the Constitution of India,the Chief Justice of the High Court of Judicature at Allahabad makes the following ruleswith respect to the conditions of service of persons serving on the staff attached to the High Court of Judicature at Allahabad.

1. Short title and commencement.

(1)These rules may be called the Allahabad HighCourt Officers and Staff (Conditions of Service and Conduct) Rules, 1976.

(2)They shall apply to all officers and other members of the establishment of the HighCourt.

(3)They shall come into force with effect from the date of publication in the Official Gazette.

2. Definitions

In these rules unless the context otherwise requires

(a)`Chief Justice' means the Chief Justice of High Court of Judicature at Allahabad;

(aa)'Registrar General' means Registrar General of the Allahabad High Court;

(b)`Registrar' means Registrar of the Allahabad High Court;

(c)`Additional Registrar' means the Additional Registrar of the Allahabad High Court;

(d)`Joint Registrar' means the Joint Registrar of the Allahabad High Court;

(e)`Deputy Registrar' means the Deputy Registrar of the Allahabad High Court;

(f)`Citizen of India' means a person who is or is deemed to be citizen of India Under Part II of the Constitution;

(g)`Commission' means the Uttar Pradesh Public Service Commission;

(h)`Constitution' means the Constitution of India;

(i)`Establishment' means the establishment of the office of the High Court at Allahabad “andits Lucknow Bench”;

(j)`Government' means the Government of Uttar Pradesh;

(k)`High Court' means the High Court of Judicature at Allahabad;

(l)`Member of the Establishment' means a person appointed in accordance with these rulesor of rules or orders in force prior to the commencement of these rules;

(m)`Year of Recruitment' means the period of twelve months commencing from the first dayof July of a calendar year;

(n)`Appointing Authority' means the Chief Justice of the Court or such other Judge or Officeras he may direct.

Part II – – Cadre

3. Strength of the establishment

(I)The strength of the service and of each category ofposts therein shall be such as may be determined by the Chief Justice from time to time with theapproval of the Governor of Uttar Pradesh.

(II)The ratio between the number of posts in various categories shall be such as prevailing inthe corresponding categories of officers and subordinates in the Uttar Pradesh Civil Secretariat.

(III)The strength of the service and of each category of posts therein shall, until ordersvarying the same are passed under subrule (I), be as given below

:Name of Post No. of Post Computer Assistant 40 Assistant Review Officer 336 Review Officer 833Section Officer 225 Assistant Registrar 79 Deputy Registrar 42 Joint Registrar 18 Registrar 07

(IV)Provided that:

I. The appointing authority may leave unfilled or the Chief Justice may hold in abeyance anyvacant post without thereby entitling any person to compensation; orII. The Chief Justice may create such additional permanent or temporary posts as he mayconsider proper with the approval of the Governor.

Part III – CLASS IV POSTS

4. Sources of recruitment to class IV Posts:

The sources of recruitment to the various class IVposts in the establishment shall be as follows :

(a)Peon, Farrash, Coollie, Sewak Bhisti,Sweeper, Mali, Fireman, Chowkidar andLiftman.By direct recruitment as provided in rule 5"Repealed.

"Provided that the services of 'SEWAK' shall be terminable without any notice on therecommendation of the Hon'ble Judge concerned with whom SEWAK is not satisfactorywhereupon the SEWAK concerned shall cease to work:Provided further that the services rendered by the 'SEWAK' shall include domestic workand attending to household chores at the assigned residence.

(b)Jamadar By promotion from amongst permanentpeons, Sewak.

(c)Daftari By promotion from amongst permanentpeons, farrashes and liftmen.Provided that for the post of daftari onlysuch persons shall be eligible who, to thesatisfaction of the appointing authority,posses requisite knowledge and experienceof the work of book binding.

(d)Bundle Lifter By promotion from amongst permanentpeons, farrashes and liftman.

(e)Head Mali By promotion from amongst permanentMalis, provided a suitable person isavailable; otherwise, by direct recruitmentof a person possessing requisite knowledgeand experience of gardening and ability to supervise the work of malis.

4A. Reservation for Scheduled Castes, etc

(i)Reservation in favour of Scheduled Castes, Scheduled Tribes, Other Backward Classes and Economically Weaker Sections--In direct recruitment to the various categories of posts in the establishment, the following percentages of vacancies to which recruitments are to be made shall be reserved in favour of the candidates belonging to Scheduled Castes of U. P., Scheduled Tribes of U. P., Other Backward Classes of U. P.and Economically Weaker Sections of U. P. as per the provisions of the Uttar Pradesh Public Services (Reservation for Economically Weaker Sections) Act, 2020.-

(a)In case of Scheduled Castes 21%

(b)In case of Scheduled Tribes 02%

(c)In case of Other Backward Classes 27%

(d)In case of Economically Weaker Sections 10%

[substituted by 2021 rules]

5. Academic qualification.

(1)A candidate for recruitment to the post of peon, Sewak andfarrash must have passed class V.

(2)A candidate for recruitment to the post of liftman must have passed class V and must, tothe satisfaction of the appointing authority, also possess requisite knowledge and experience ofrunning a lift. Preference shall be given to a qualified electrician.

(3)No academic qualification is required for the posts of Coolie, Bhisti, Sweeper, Mali,Fireman and Chowkidar, but a literate person will be preferred.

(4)A candidate for the post of Mali must possess requisite knowledge and experience of thework of a Mali, “and a candidate for the post of “SEWAK” who possesses good knowledge andexperience of Cooking will be given preference.”

(5)Knowledge of cycling will be essential for the post of peon 'and Sewak' and it will be an additional qualification for all other posts.

6. Appointing Authority—

If the appointing authority is other than the Chief Justice the exercise of his power shall always be subject to any general or special order of the Chief Justice.

6A. Power of Nazir to impose fine:

The power of the appointing authority to impose minorpenalty of fine upon ClassIV Employee may be exercised by the Nazir with the approval of the Registrar General, in accordance with the provisions of the Rules applicable in this regard.

7. Recruitment by promotion—

Whenever it is required to make recruitment by promotion toany of the posts of Jamadar, Daftari, Bundle lifter, Sewak or Head Mali, the Appointingauthority shall make selection of the required number of candidates keeping in view the servicerecord and performance of the candidates from amongst eligible candidates. Seniority shall bedetermined by the order in which the names are arranged in the list.

Part IV – SOURCES AND METHOD OF RECRUITMENT TO CLASS III POST

8. Sources of recruitment to class III post

The sources or recruitment to the various class IIIposts in the establishment shall be as follows.GENERAL OFFICE

(a)

(i)Computer Assistant (i) 60% by direct recruitment through competitiveexamination conducted by the appointing authority or suchmanner as directed by Chief Justice.(ii)40% by promotion on merit through competitiveexamination from Class IV employees who have completedfive years continuous satisfactory service as on 01stJuly ofthe year of recruitment and possesses the minimumeducational qualification of intermediate alongwith CCCCertificate / Diploma / Degree in Computer Science fromrecognized institute established by law in India.(ii)Telephone operatorsand Telex OperatorsBy direct recruitment through competitive examinationconducted by the appointing authority or such manner asdirected by Chief Justice.

(b)Assistant ReviewOfficers(i)80 per cent by direct recruitment through competitiveexamination or selections.(ii)20 per cent by promotion from amongst permanentComputer Assistants, permanent Telephone Operators andpermanent Telex Operators who have completed at least 03years continuous satisfactory service.(a)Repealed.(b)Repealed.

(c)Provided further that promotion of permanent TelephoneOperators/ Permanent Telex Operators shall be subject to theconditions laid down under Rule 13 (A).(c)Review Officer 'Deleted.'

(d)'Deleted.'Note 'Repealed'.Provided that all available vacancies may, in the discretion of the Chief Justice, be filledfrom any of the above sources.a('Deleted')(d)'Deleted.'

(e)Bench Secretaries ‘Repealed’9. Qualifications Academic qualifications for direct recruitment to the various class III postsin the establishment shall be as follows:

(i)Computer Assistant Must possess a Bachelor's degree of a University establishedby law in India or a qualification recognized as equivalentthereto.(i) (a)Telephone Operatorsand Telex OperatorsMust have passed the Intermediate Examination of the Boardof High School and Intermediate Education U.P. or andexamination declared by the Governor as equivalent thereto.Provided that the minimum academic qualifications in respectof the candidates recruited before the enforcement of theserules shall be High School Certificate.

(ii)Assistant ReviewOfficersMust possess a Bachelor's degree of a University establishedby law in India or a qualification recognized as equivalentthereto.Provided further that with reference to Direct Recruitment onthe post of Assistant Review Officer Diploma in ComputerScience from a recognized institution / University, or 'O' LevelCertificate awarded by DOEACC Society, and the speed of 25Words per Minute in English Typing on Computer will be thequalification for recruitment to the post of Assistant ReviewOfficer to be filled up by Direct Recruitment.(ii)Review Officer 'Deleted'.

(iii)'Deleted.'

(iv)'Deleted.'

(v)Chief DocumentationOfficercumChief LibrarianDegree in law and diploma in Library Science from arecognized University.Provided that in addition to the above qualifications, candidates for the following categoriesof posts must also possess the qualification mentioned below:(a)Computer Assistant Must possess good knowledge of Hindi and English Typewriting.

Provided that nothing in this rule shall be construed asaffecting or invalidating appointments made or orders issuedbefore the commencement and orders shall continue in forceand shall be deemed to have been made or issued under theappropriate provisions of this rule.(b)'Deleted.'(c)Telephone Operators Must possess sufficient experience of working as a TelephoneOperator in some Government or SemiGovernmentundertaking.(d)Telex operators "Diploma or certificate in Telex Operators from somerecognized Institute of training. Must possess sufficientexperience of working as Telex Operator in some Governmentor Semi Government Undertaking.""Provided further that in all direct recruitments in class III knowledge of Data Entry, wordprocessing and Computer Operation would be essential qualification while for all promotional posts of class III its knowledge would be a preferential qualification."

10. Method of selection for the posts of Computer Assistants

(1)The appointing authority shallascertain the probable number of vacancies likely to occur in the post of Computer Assistantsduring the course of the year of recruitment and determine the number of vacancies, if any, to bereserved for candidates belonging to the Scheduled Castes and others under Rule 23.

(2)The procedure and syllabus relating to the competitive examination shall be as follows or asprescribed by the appointing authority from time to time.

1. Syllabus for Examination (Objective Type):

(3)'Repealed'.

(4)The total marks obtained by the candidates in the written examination will determinetheir position and the merit list shall be prepared accordingly. If two or more candidatessecure equal marks the candidate elder in age shall be placed above. The select list shallhold good for the period of one year or till the advertised vacancies are filled up, whicheveris earlier.

(5)Fee: Candidate's must pay to the Registrar General, High Court, Allahabad fees prescribedbelow or such fees as may be prescribed by the Chief Justice from time to timeCategory FeesGeneral & Other Backward Class Rs. 500/ Scheduled Caste and Scheduled Tribe of U.P. Rs. 250/A. Method of selection for the post of Telephone Operators and Telex OperatorsSelection for the post of Telephone Operators and Telex Operators shall be made from amongst

11. eligible applicants who are considered most suitable by the appointing authority.

12. 'Repealed'.

Method of direct recruitment to the post of (Deleted) Assistant Review Officer (Deleted) –

(1)Whenever it is required to make direct recruitment, to fill up vacancies existing or likely tooccur, on the post of Assistant Review Officer during the course of the year of recruitment, theAppointing Authority shall ascertain the number of vacancies, including vacancies, if any, to bereserved for candidates belonging to the Scheduled Castes and others as specified in Rule 23.

(2)The appointing authority shall invite applications for admission to the competitiveexamination and admit to the examination such candidates as on scrutiny of the applications arefound eligible for recruitment to the post.

(3)The procedure and syllabus relating to the competitive examination shall be as follows or asprescribed by the appointing authority from time to time.

1. Syllabus for Examination (Objective Type):

(4)The merit list shall be prepared on the basis of the marks obtained in the writtenexamination including shorthand, typing and performance in computer operation, if any. The listshall hold good for one year or until the next selection whichever is earlier.

13. Scheduled Caste and Scheduled Tribe of U.P. Rs. 250/

Promotion to the posts of Assistant Review Officers: (1) Whenever it is required to makepromotion to any of the posts of Assistant Review Officers the appointing authority shallascertain the number of vacancies to be filled by promotion during the course of the year ofrecruitment. The appointing authority shall also prepare a list of the candidates who are eligiblefor promotion.

(2)The appointing authority shall make appointments from the select list in order of merit.

(3)The select list shall hold good for three years or until the next selection whichever is earlier.13A. The reservation of vacancies in the post of Assistant Review Officers for TelephoneOperators: (i) The reservation of vacancies in the post of Assistant Review Officers forTelephone Operators and Telex Operators. One vacancy in the post of Assistant Review Officersshall be reserved in every alternative year of recruitment for each of such Telephone Operatorsand Telex Operators as have rendered on the establishment of the court a total service of not lessthan five years including officiating or temporary service as on the first day of July of the years inwhich the examination is held and whose work after a consideration of their Character Rolls andPersonal files, if any, is considered by the appointing authority to be satisfactory.(ii)The procedure and syllabus relating to test shall be such as may be prescribed from time totime by the appointing authority.(iii)The appointing authority may fill in the vacancy referred to in subrule (i) on the result ofqualifying test or by any other method determined by the Chief Justice.(iv)In case no eligible and suitable candidate is found in the year of recruitment in which

14. vacancy has been reserved the vacancy shall be treated as general.

Criterion for promotion Criterion for promotion to the posts referred to in Rule 13 shall be

15. seniority subject to rejection of the unfit.

Appointment to the post of Court Officer and Cashier: The posts of Court Officer and Cashierare selection posts. Appointments to these posts shall be made by transfer of suitable officials fromofficials belonging to class II (Deleted) & class III by the Appointing Authority keeping in view theaptitude of the candidates and their willingness to furnish requisite security, where required. Theperson concerned shall be liable to be transferred back to his original post. His lien will continue tobe maintained on his original post and he may be reverted to his original post.

Part V – A - SOURCES AND METHOD OF RECRUITMENT OF REVIEW OFFICER/ REVIEW OFFICER(HINDI/URDU)

15. Part / Rule No.

A The post of Review Officer, shall be a Class – II (Deleted) Post.

(1)The post of Review Officer shall be filled by following two methods (a)70% by way of promotion from amongst permanent Assistant ReviewOfficers in accordance with the Rules, who have completed at least 03years' continuous satisfactory service as on 01stJuly of the year ofrecruitment.(b)30% by way of direct recruitment through competitive examination.Note 'Repealed'.

(2)Qualification: Academic qualifications for direct recruitment to the post ofReview Officer in the establishment shall be as follows:(a)Must possess a Bachelor's degree from a University established by lawin India or a qualification recognized as equivalent thereto.(b)Provided further that in direct recruitment, knowledge of Data Entry,Word Processing & Computer Operation would be an essentialqualification whereas for promotional posts the aforesaid knowledgewould be a preferential qualification.

(3)Method of Direct Recruitment to the post of Review Officer (a)Whenever direct recruitment is made to fill up vacancies existing orlikely to occur in the Review Officer Cadre during the course of theyear of recruitment, the Appointing Authority shall ascertain thenumber of vacancies, including vacancies, if any, to be reserved for thecandidates belonging to the Scheduled Castes and others as specifiedin Rule 23.(b)The Appointing Authority shall invite applications for admission to thecompetitive examination and admit to the examination suchcandidates as on scrutiny of applications are found eligible forrecruitment to the post.(c)The procedure and syllabus relating to the competitive examinationshall be as follows or as prescribed by the Appointing Authority fromtime to time.

1. Syllabus for Examination (Objective Type):

General Studies: Marks: 200. Time: 03 Hours(A)General Science,(B)History of India,(C)Indian National Movement,(D)Indian Polity, Economy and Culture,(E)Indian Agriculture, Commerce, and Trade,(F)Population, Ecology and Urbanisation (in Indian Context),(G)World Geography & Geography and Resources of India,(H)Current National and International Important Events,(I)General Aptitude,(J)Special Knowledge regarding Education, Culture, Agriculture,Industry, Trade,Living and Social Traditions of Uttar Pradesh,(K)Knowledge of General English and General Hindi of GraduationLevel,(L)Elementary Knowledge of Computers.(d)The merit list shall be prepared on the basis of the marks obtained inthe written examination and performance in computer operation, ifany. The list shall hold good for one year or until the next selection,whichever is earlier.(e)Fee: Candidate's must pay to the Registrar General, High Court,Allahabad fees prescribed below or such fees as may be prescribed bythe Chief Justice from time to timeCategory FeesGeneral & Other Backward Classes Rs. 750/d Castes and Scheduled Tribes of U.P. Rs. 500/

(4)Promotion to the post of Review Officer

(a)Whenever vacancies are decided to be filled by way of promotion,the Appointing Authority shall ascertain the number of vacancies to befilled by promotion during the course of the year of recruitment. TheAppointing Authority shall also prepare a list of the candidates who areeligible for promotion.(b)The Appointing Authority shall make appointments from the Select Listin order of merit.(c)The Select List shall hold good for three years or until the nextselection, whichever is earlier.

(5)Criterion for promotion – Criterion for promotion to the post of ReviewOfficer shall be seniority subject to rejection of the unfit.

(6)The Appointing Authority for the post of Review Officer shall be theRegistrar General:Provided that the exercise of his power shall always be subject to any

15. general or special order of the Chief Justice.

B The post of Review Officer (Hindi/Urdu) (nomenclature changed from

1. 'Translator' to Review Officer (Hindi/Urdu) vide G.O. No. 1055/VIINyaya

2015228/2014, dated 14.08.2015) shall be a Class – II post and shall befilled by direct recruitment through a competitive examination.

(1)Qualifications–Academic qualifications for direct recruitment to the post ofReview Officer (Hindi/Urdu) in the establishment shall be as follows:(a)Must possess a Bachelor's degree from a recognized University or aqualification recognized as equivalent thereto preferably with Englishand Hindi, both at the Intermediate and Graduate Levels.(b)Preference will be given to a candidate who holds a degree in Lawfrom a University established/recognized by law in India.(c)Review Officer (Urdu)– Must possess a Bachelor's Degree with ArabicLiterature, Persian Literature or Urdu Literature as one of the subjectsfrom any University in India established by law or any otherqualification equivalent thereto recognized by the State Government:Provided that the above qualifications need not be held by a candidatewho has passed the AdeebeKamil examination from Jamia Urdu,Aligarh.

(2)Method of direct recruitment to the post of Review Officer(Hindi/Urdu)–(a)Whenever it is required to make direct recruitment to fill up vacanciesexisting or likely to occur on the post of Review Officer (Hindi/Urdu)during the course of the year of recruitment, the Appointing Authorityshall ascertain the number of vacancies, including vacancies, if any, tobe reserved for the candidates belonging to the Scheduled Castes andothers as specified in Rule 23.(b)The Appointing Authority shall invite applications for admission to thecompetitive examination and admit to the examination suchcandidates as on scrutiny of applications are found eligible forrecruitment to the post.(c)The procedure and syllabus relating to the competitive examinationshall be as follows or as prescribed by the Appointing Authority fromtime to time:

1. Syllabus for Examination (Objective Type):

General Studies: Marks: 200 .Time: 03 Hours(A)General Science,(B)History of India,(C)Indian National Movement,(D)Indian Polity, Economy and Culture,(E)Indian Agriculture, Commerce, and Trade,(F)Population, Ecology and Urbanisation (in Indian Context),(G)World Geography & Geography and Resources of India,(H)Current National and International Important Events,(I)General Aptitude,(J)Special Knowledge regarding Education, Culture, Agriculture,Industry, Trade,Living and Social Traditions of Uttar Pradesh,(K)Knowledge of General English and General Hindi of GraduationLevel,(L)Elementary Knowledge of Computers.(d)The merit list shall be prepared on the basis of the marks obtained inthe written examination including typing and performance incomputer operation, if any. The list shall hold good for one year oruntil the next selection whichever is earlier.(e)Fee: Candidates must pay to the Registrar General, High Court,Allahabad fees prescribed below or such fees as may be prescribed bythe Chief Justice from time to time:Category FeesGeneral & Other BackwardClassesRs. 750/ Scheduled Castes and Scheduled Tribes of U.P.Rs. 500/

(3)The Appointing Authority for the post of Review Officer (Hindi/Urdu) shallbe the Registrar General:Provided that the exercise of his power shall always be subject to anygeneral or special order of the Chief Justice.

Part V – – B

16. SOURCES AND METHOD OF RECRUITMENT TO OTHER CLASS II POSTS

Sources of recruitment to other class II posts. The sources of recruitment to the variousclass II posts in the establishment shall be as follows:(a)Section Officer(General Office), NazirBy promotion from amongst permanent Review Officers andReview Officers (Hindi/ Urdu).(b)Bench SecretariesGradeI‘Repealed.’(c)Stamp Reporter By transfer of one of the Section Officers of General Office orBench Secretary, Grade I.(d)Private Secretaries ‘Repealed’.(e)Assistant PrincipalPrivate Secretary to Chief‘Repealed’.Justice(f)Chief DocumentationOfficercumChief LibrarianBy promotion of Deputy Librarian or Review Officers doingthe library work if he possesses requisite qualificationsprescribed for direct recruitment. In case he is not foundsuitable for promotion, the vacancy shall be filled by directrecruitment.(g)Officer on Special Dutyor any other post(i)The post of Officer on Special Duty or any other post to besubsequently created and by whatever name designated in the

10500. grade of Rs.5001000 (subsequently revised Rs. 6500200

) shall, for the purpose of promotion and transfer etc.,be of the cadre of Section Officers except the post of PublicRelation Officer:Provided that, appointment to the above post or its type shall,in relaxation of all existing rules, be made by the Chief Justiceentirely in his discretion.(ii)Public Relation Officer – Post of the Public RelationOfficer shall be tenure post and appointment shall be made ondeputation by transfer from the establishment of the Court bythe Chief Justice entirely in his discretion/suitability andduring that period he/she shall maintain their lien in parentcadre.The post of Public Relation Officer of Allahabad and Lucknowappointed under 16(g) shall be ex cadre post. No other post, saveas might already be existing as excadre post, shall be excadre.Note: These amended Rules shall be applicable on the incumbents

17. holding the posts enumerated in Column No. 16(g) at present.

QualificationsA candidate for direct recruitment to the post of Chief Documentation OfficercumChief Librarian must be a Law Graduate and must also hold a Master Degree in Library

18. Science. Practical experience of work in a library of repute will be an additional qualification.

Method of selection for all promotion posts (i) Selection for promotion to posts mentioned inRules 16 shall be made by a Selection Committee appointed by the Chief Justice.(ii)The criteria for selection shall be seniority subject to rejection of unfit.19. Method of direct recruitment for the post of Chief Documentation OfficercumChiefLibrarian When a suitable person is not available for promotion to the post of ChiefDocumentation OfficercumChief Librarian, it shall be filled up by direct recruitment.

19. PART VC

A Whenever it is required to make direct recruitment on any post under these rules the postsshall be filled up after giving wide publicity, by advertisement in at least two daily news papers,one in Hindi and one in English having wide circulation in the State and also in EmploymentNews and other like publication including the website of the high Court. In addition to it thenames may be requisitioned from Employment Exchange. The advertisement apart fromcontaining other necessary particulars shall also specify in clear terms, the number of postsavailable for selection and recruitment, the qualifications and other eligibility criteria for such

19. posts and also the rules under which such recruitment and selection is to be made.

B The appointing authority shall undertake the exercise of recruitment under these rules ona regular basis at least once in a year for existing vacancies or vacancies likely to occur during thecourse of the year of recruitment.

Part VI – – SOURCES AND METHOD OF RECRUITMENT TO CLASS I POSTS

20. Source of recruitment to class I posts:The source of recruitment to the various class Iposts in the establishment shall be as follows:(a)Assistant Registrar By promotion from amongst permanent Section Officers(General Office), Permanent Officers on Special Duty,Permanent Public Relation Officer, Permanent SectionOfficer (Cash), Permanent Section Officer (Protocol)and Permanent Nazir.Note – Selection shall be on the basis of senioritysubject to suitability. To assess the minimum merit,marks obtained in ACR & interview shall be considered.Minimum merit required for promotion shall besecuring 55% marks in ACR & 35% marks in interview.(b)Private Secretaries ‘Repealed’.(c)Deputy Registrar By promotion from amongst Assistant Registrars on thebasis of seniority subject to suitability. To assess theminimum merit, marks obtained in ACR & interviewshall be considered. Minimum merit required forpromotion shall be securing 60% marks in ACR & 40%marks in interview.(d)Joint Registrar (i) By deputation of an officer of U.P. Higher JudicialService.(ii)By promotion from amongst the Deputy Registrarson the basis of seniority subject to suitability.(a)Thereafter, promoted Joint Registrars shallundergo four and half months training, particularlywith regard to application of Law in the working of

90. the High Court, conducted by J.T.R.I., Lucknow and

% attendance shall be compulsory during trainingprogramme. The Director, J.T.R.I. shall certifywhether such Joint Registrars have successfullycompleted the training.(b)The term “successful training” shall mean 90%attendance in training programme conducted byJ.T.R.I.(c)To assess the suitability, marks obtained in ACR& interview shall be considered. Minimum marksrequired for suitability for promotion from the post

65. of Deputy Registrar to that of Joint Registrar shall be

% in ACR & 45% in interview.(e)Additional Registrar By deputation of an Officer of U.P. Higher JudicialService.Provided that the appointment on post of AdditionalRegistrar upgraded and sanctioned by the Government

1993. vide its G.O. No. 2693VIINyaya169/90 dated Dec.31,

for High Court Staff may be made from amongstthe Joint Registrars of High Court establishment purelyon Seniority, subject to Suitability by the ChiefJustice.(f)Registrar (i) By deputation of an Officer from amongst District &Sessions Judges.(ii)By promotion against the notified vacancy of thecadre from amongst the Joint Registrars on the basis ofseniority subject to suitability. To assess the minimummerit, marks obtained in ACR & interview shall beconsidered. Minimum merit required for promotion shallbe securing 70% marks in ACR & 50% marks ininterview.(g)Registrar General “By deputation of an officer from amongst the Districtand Sessions Judges”NOTE:These amendments will come into force with effect from the date of publication of

21. notification in the official gazette and govern only the future appointments.

Appointing Authority: The Chief Justice shall be the appointing authority in respect of all

22. Class I posts on the establishment.

Method of selection for the post (Principal Private Secretary to Chief Justice), DeputyRegistrar and Assistant Registrar(i)‘Repealed’.(ii)Whenever it is required to make selection or promotion to the post of Deputy Registrar, theRegistrar General shall prepare a list of Assistant Registrars in order of seniority from the date oftheir officiation in the cadre of Assistant Registrar.(iii)Whenever it is required to make selection or appointment to the post of Assistant Registrar,the Registrar General shall prepare a combined list of Permanent Section officers of GeneralOffice, Permanent Officer on Special Duty Permanent Public Relation Officer, Permanent SectionOfficer (Cash), Permanent Section Officer (Protocol) and Permanent Nazir who are eligible forpromotion under these Rules. The combined list of these officers shall be prepared in order ofseniority from the date of their substantive appointment on any post referred to in this clause.(iv)Where promotion is to be made from more than one category of post a combined list shallbe prepared according to the date of substantive appointment of the candidates; where the dateof substantive appointment of one or two candidates are the same their names shall be arrangedaccording to their age, the older in age being placed higher.The Registrar General shall place eligibility list together with the character roll of the candidatesand other relevant records pertaining to them before the Chief Justice who may select thecandidate/candidates who are found more suitable for promotion to the post.The criteria for selection in each case shall be Seniority, subject to Suitability.Note—These amendments shall come into force with effect from the date of their publication inthe Official Gazette and shall govern only future appointments.

Part VII – – RESERVATION AND QUALIFICATIONS

23. Reservation for Scheduled Castes, etc. (i) Reservation in favour of Scheduled Castes,

d Tribes and Other Backward Classes In direct recruitment to the various categories ofposts in the establishment, the following percentages of vacancies to which recruitments are tobe made shall be reserved in favour of the candidates belonging to Scheduled Castes of U.P.,d Tribes of U.P. and Other Backward Classes of U.P.

(a)In case of Scheduled Castes 21%

(b)In case of Scheduled Tribes 02%(c)In case of Other Backward Classes 27%(ii)Horizontal Reservation in favour of Women, Dependant of Freedom Fighters, ExserviceMen and Physically HandicappedIn direct recruitment to the various categories of posts in the establishment for the purpose ofimplementation of horizontal reservation in favour of women, dependent of freedomfighters, physically handicapped and exservicemen, the following percentages shall apply (a)Women 20%(b)D.F.F. 02%(c)Exservicemen 05%(d)Physically Handicapped 03%Explanation: The expression dependent of freedom fighters, physically handicapped andexservicemen shall be as defined as under the Uttar Pradesh Public Services(Reservation for Physically Handicapped, Dependents of Freedom Fighters and ExServicemen) Act, 1993 and its subsequent amendments enacted from time to time.Provided that reservation for direct recruitment for various categories of posts in theestablishment shall be in accordance with the orders issued by the Chief Justice from time to

23. time.

A. Recruitment for sportsperson One percent of vacancies in all class II (Deleted) & classIII posts of the establishment of the Court shall be reserved at the stage of direct recruitment forsuch skilled players and sportspersons as may have represented on behalf of any State inIndia or the Country as a whole in National or International games at least for two years andin International competitions for one year or who have represented their Universities at least forthree years in Inter Universities Tournaments organized by the Inter Universities Sports Board orwho have represented their Schools in International Sports Meets organized by the All IndiaSchools Sports Board in Badminton, Basket Ball, Cricket, Football, Hockey, Table Tennis, Volley

24. Ball, Tennis, Weight Lifting, Wrestling, Boxing, Judo, Gymnastics and Rifle Shooting.

Nationality A candidate for recruitment to the establishment must be:(a)a citizen of India, or(b)a Tibetan refugee who came over to India before the 1st January, 1972, with theintention of permanently settling in India, or(c)a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East AfricanCountries of Tanzania (formerly Tanganayika and Zanzibar) with the intention of permanentlysettling in India;Provided that a candidate belonging to category (b) or (c) above must be a person in whosefavour a certificate of eligibility has been issued by the State Government.Provided further that a Candidate belonging to category (b) will also be required to obtain acertificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch,Uttar Pradesh.Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will beissued for a period of more than one year and such a candidate can be retained in service after aperiod of one year only if he has acquired Indian citizenship.Note A Candidate in whose case a certificate of eligibility is necessary but the same has neitherbeen issued nor refused, may be admitted to an examination or interview and he may also beprovisionally appointed subject to the necessary certificate being obtained by him or issued in his

25. favour.

Age: A candidate for direct recruitment must have attained the age of 18 years in case ofclass IV and Computer Assistant posts and 21 years in case of other posts, and must not haveattained the age of more than 35 years on the 1st day of July of the year in which theadvertisement is published;Provided that the maximum age limit shall, in the case of candidate of the Scheduled Castes,d Tribes, dependents of Freedom Fighters and Backward classes, be greater by fiveyears.'Deleted'Provided also that in the case of members of the High court Staff, a relaxation by five years may,in suitable cases, be made by the Chief Justice.Provided also that no candidate shall, by virtue of relaxation in age under this rule, have morethan three opportunities to appear at the competitive examination or selection.Note: The amendment will come into force with effect from the date of publication in the

25. official Gazette.

A Age of Superannuation and extension in Service: Except as otherwise provided in thisrule every employee in the High Court Establishment shall retire from service on the afternoon ofthe last day of the month in which he attains the age of 60 years.Provided firstly that an employee in the High Court establishment whose date of birth is the firstday of a month shall retire from service on the afternoon of the last day of the preceding monthon attaining the age of 60 years.Provided, secondly that an employee in the High Court establishment who has attained the ageof 58 years and is on extension in service shall retire from service on his attaining the age of 60years.Provided thirdly that if, keeping in view the service rendered, experience and utility of anyemployee in the establishment of the High Court, his extension in service is found to be in public

26. interest, he may be given extension in service.

Preferential qualifications. A candidate (i) who has served in the Territorial Army for aminimum period of two years or (ii) who has obtained a 'B' certificate of the National CadetCorps shall, other things being equal be given preference in the matter of direct recruitment to

27. the establishment.

Character. The character of a person for direct recruitment to the service in the opinionof the Appointing Authority must be such so as to render him suitable in all respects forappointment to the service. The opinion of the Appointing Authority in this regard shall befinal.Note: Persons dismissed by the Union Government or by a State Government or by a LocalAuthority or a Government Corporation owned or controlled by the Central Government or State

28. Government will be deemed to be ineligible for appointment under these rules.

Marital status A male candidate who has more than one wife living or a female candidatewho has married a person already having a wife living shall not be eligible for recruitment to theestablishment:Provided that the Chief Justice may, if satisfied that there are any special grounds for doing so,

29. exempt any person from the operation of this rule.

(1)Physical Fitness. No person shall be recruited to the establishment unless he/she be ingood mental and bodily health and free from any physical defect likely to interfere with theefficient performance of his official duties. Before a candidate recruited directly is finallyapproved for appointment to the establishment, he shall be required to produce a certificate ofphysical fitness from Chief Medical Officer, and in absence thereof, concerned authorityequivalent thereto.

(2)If the post of Chief Documentation OfficercumChief Librarian is filled by direct recruitmentthe candidate shall before he is finally approved for appointment, be required to pass theexamination by the Medical Board as may be prescribed by the appointing authority.

Part VIII – – APPOINTMENT, PROBATION AND CONFIRMATION

30. Appointment.(1) On the occurrence of substantive vacancies, the appointing authorityshall make appointments to the various categories of posts in the establishment from therespective list of persons duly selected under these rules. Where a select list has been prepared,appointments shall be made in the same order in which the names appear in the list.

(2)Appointments against temporary and officiating vacancies shall also be made in the manner

31. provided in subrule (1).

Existing Staff(1) Persons appointed to the various categories of posts in the establishmentin substantive capacity prior to the commencement of these rules shall be members of theestablishment as if appointed in such capacity under these rules.

(2)Persons appointed to the various categories of posts in the establishment in temporary orofficiating capacity prior to the commencement of these rules shall continue as if appointed in

32. temporary or officiating capacity under these rules.

Probation(1) A person on initial appointment to a post in the establishment in substantivecapacity shall be placed on probation for a period of one year.

(2)The appointing authority may allow continuous service rendered in an officiating capacity oras a temporary measure on the post, or on a higher post, to be taken into account for the purposeof computing the period of probation.

(3)The appointing authority, may, for reasons to be recorded in writing, extend the period ofprobation in individual cases specifying the date up to which the extension is granted. Providedthat in no case the period of probation will be extended beyond three years.

(4)If it appears to the appointing authority at any time during or at the end of the period ofprobation or extended period of probation, as the case may be, that a probationer has not madesufficient use of his opportunities or has otherwise failed to give satisfaction, he may be revertedto his substantive post, if any or if he does not hold a lien on any post, his services may bedispensed with.

(5)A Person whose services are dispensed with under subrule (4) shall not be entitled to any

33. compensation.

Confirmation A Probationer shall be confirmed in his appointment at the end of his periodof probation or extended period of probation, as the case may be, if—(a)his work and conduct during the probationary period have been found to be satisfactory;(b)he is considered fit for confirmation, and(c)his integrity is certified.34. Seniority Except as provided in rule 35 seniority in each category of post in theestablishment shall be determined by the date of the order of appointment in a substantivecapacity and where more than one person are appointed together, by the order in which their

35. names are arranged in the said order.

Seniority of persons already in service Seniority of the persons appointed to a post in theestablishment prior to the commencement of these rules shall be determined by the Chief Justicein accordance with these rules.Explanation List of officiating and temporary officials shall be drawn up for purpose of seniorityon the basis of date of continuous officiation.

Part IX – – PAY AND EFFICIENCY BARS

36. Pay The Scales of pay admissible to persons appointed to the various categories of posts inthe establishment, whether in a substantive or officiating capacity or as a temporary measureshall be such as may be determined by the Chief Justice from time to time with the approval of

37. the Governor of U.P.

Pay during probation(1) Notwithstanding any provisions in the Fundamental Rules to thecontrary, a person on probation if he is not already in permanent Government service, shall drawduring the period of probation increments as they accrue on the condition that his work andconduct are reported to be satisfactory:Provided that if the period of probation is extended on account of failure to give satisfaction,such extension shall not count for increment unless the Chief Justice directs otherwise.

(2)The pay during probation of a person already in permanent Government service shall be

38. regulated by the relevant rules referred to in rule 40 (2).

Criteria for crossing efficiency bars(1) No person shall be allowed to cross the firstefficiency bar unless his work has been satisfactory, he is found to have worked steadily and tothe best of his ability and his integrity is certified.

(2)No person shall be allowed to cross subsequent efficiency bar unless he is found to havecontinued to work with ability and his integrity is certified.

Part X – – OTHER PROVISIONS

39. Canvassing No recommendation either written or oral other than those required underthese rules will be taken into consideration. Any attempt on the part of a candidate to enlistsupport directly or indirectly for his candidature by other means will disqualify him for

40. appointment.

Regulation of other matters (1) All officers and servants of the Court shall be subject tothe superintendence and control of the Chief Justice.

(2)In respect of all matters (not provided for in these rules) regarding the conditions of serviceof officers and servants of the Court including matters relating to their conduct, control anddiscipline, the rules and orders for the time being in force and applicable to Government servantsholding corresponding posts in the Government of Uttar Pradesh shall apply to the officers andservants of the Court subject to such modifications, variations and exceptions, if any, as the ChiefJustice may, from time to time, specify:Provided that no order containing modifications, variations or exceptions in rules or ordersrelating to salaries, allowances, leave or pensions shall be made by the Chief Justice except withthe approval of the Governor:Provided further that the said powers exercisable under rules and orders of Government of UttarPradesh by the Governor shall be exercised by the Chief Justice or by such officer as he may, bygeneral or special order, direct.

(3)If any doubt arises in regard to a particular post in the establishment being corresponding to

40. a post in the State Government, the matter will be decided by the Chief Justice.

(A). Services not be dispensed with on the ground of disability:-1. No officer or employee shall be reduced in rank, his services dispensed with or promotion denied solely on

2. the ground of a disability suffered during service.

In case a disability acquired during service renders the officer or employee unsuitable to discharge theduties and functions attached to the post he was holding, the appointing authority may consider his placementon another post which may, as far as possible, be in the same pay scale and grade as was drawn by the officeror employee at the time of the disability having been suffered.Explanation: The expression “disability” shall have the meaning assigned to it under thePersons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)

41. Act, 1995 as amended from time to time.

Residuary powersNothing in these rules shall be deemed, to affect the power of the ChiefJustice to make such orders, from time to time, as he may deem fit in regard to all mattersincidental or ancillary to these rules not specifically provided for herein or in regard to matters ashave not been sufficiently provided for:Provided that if any such order relates to salaries, allowances, leave or pension, the same shall be

42. made with the approval of the Governor of U.P.

Interpretation All questions relating to the interpretation of these rules shall be referred to

43. the Chief Justice, whose decision thereon shall be final.

Repeal and savings The High Court (conditions of Service of Staff) Rules, 1946, are herebyrepealed:Provided further that any action taken or proceedings under the repealed rules and pending atthe commencement of these rules shall be continued and disposed of, as far as may be, in

44. accordance with the provisions of these rules.

General rules All notifications issued, orders passed, appointments made or powersexercised by the Chief Justice or the Registrar prior to the commencement of these rules shall bedeemed to have been issued, made and exercised respectively under the provisions of these rules.Note: The expression "Registrar", used in any notification, order passed, appointment made by orthe power exercised by the Chief Justice or the Registrar prior to 10.4.2000 shall after 10.4.2000

45. be read as substituted by the expression 'The Registrar General'.

General Rules Notwithstanding anything contained in these rules, the Chief Justice shallhave the power to make such orders, as he may consider fit, in respect of recruitment,promotion, confirmation or any other matter.CHANGE OF NOMENCLATURE(By Notification No. 13 Dated 10.4.2000)

Legal Document View

Unlock Advanced Research with PRISMAI

State of Uttar Pradesh - Act