In exercise of the powers conferred by Articles 229 (1) and (2) of the Constitution of India, and of all other power hereunto enabling, and in supersession of all the existing rules on the subject, the Chief Justice, with the approval of the Governor of Tamil Nadu so far as the rules relate to salaries, allowances, leave and pensions, hereby makes the following rules to regulate the method of recruitment, the conditions of service, the salaries and allowances, leave and pensions of the Madras High Court Service, hereinafter referred to as "the Service" :-
4. A. Associate Editor,
Tamil Law Journal.
4. B. Deputy Official Assignee
5. (a) Appointment to the Service
Appointment to the service in Division III and in *Categories 1 to 5, 6A @ and 6B of Division I may be in any category and may be either by direct recruitment or by transfer. $ Appointment to the service in Division II may be in category 1A, 2(a), (b), ©, 3©, 4, 5B, 6, 7, 8 or 9 and may be either by direct recruitment or by transfer.
@ PROVISO :- Provided that appointments to Categories 6B of Division - I and 1A of Division II may be made either by direct recruitment or recruitment by transfer, only if no qualified and suitable member of the service is available for promotion in the feeder categories."
(b) Seniority :- The seniority of a member of the Service, Division, Category or Sub-category or post shall, unless he has been reduced to a lower rank as a punishment, be determined by the date of his first appointment to the service, division, category or sub-category or post. Where any difficulty or doubt, arises in applying this rule, seniority shall be determined by the appointing authority. If any portion of the service of such person does not count towards probation under rule 15, his seniority shall be determined by the date of commencement of the service which counts towards probation.
(c) Appointment to a post in any sub-category of the service shall for the purpose of probation, seniority, discharge, re-appointment and confirmation, be deemed to be, appointment to all posts in the sub-category.
Provided that the appointing authority may, by general or special order restrict an appointment to a particular post or enlarge it to include any other sub-category or sub-categories of the same category.
* Renumbered SROC
20/97.
$ Substituted R.O.C. No. 4233
A/98/C1.
@ Added SROC
20/97.
(d) The appointing authority may, at the time of passing an order appointing two or more persons simultaneously to a category or sub-category of the service fix the order of preference among them and where such order has been fixed the seniority shall be determined in accordance therewith.
(e) Where a member of any division, category or sub-category is reduced to a lower division, category or sub-category, he shall be placed at the top of the letter unless the authority ordering such reduction otherwise directs.
6. Qualifications
(a) No person shall be eligible for appointment to the service by direct recruitment, unless he satisfies the appointing authority—
(1) that he is of sound health, active habits and free from any bodily defect or infirmity unfitting him for the service;
(2) that his character and antecedents are such as to qualify him for the service;
(3) that he has not attained the age of * 30 years. Provided that—
(i) the age limit prescribed in this clause shall not apply to appointment to the service in Divisions I and III;
(ii) a person who is a member of the Scheduled Castes, Scheduled Tribes or Backward Classes shall be eligible for appointment by direct recruitment if he has not completed * 35 years of age on the date of recruitment;
(iii) a person who has not attained the age of 32 years, shall be eligible for appointment to the post of Court Officer, Original Side, in category 3© of Division II;
(iv) the Chief Justice may, at his discretion, relax the age rule, if he considers it necessary in individual cases.
(b) No person shall be eligible for appointment to the service in categories 1 to 5 of Division I, unless he—
* Substituted R.O.C.
No.6981-A/98/C1.
(1) is an Advocate or Attorney or is duly qualified for admission as an Advocate or Attorney of the High Court; or
(2) holds a Law Degree of any of the Universities in the Indian Union and a B.A., or B.Sc., or B.Com., or B.A. (Honours) or B.Sc. (Honours) or B.Com. (Honours) degree of a University in the Indian Union and has also passed the examination in Law of Practice and Procedure, Civil and Criminal or the Pleadership Examination in the first grade.
No member of the service shall be eligible for promotion to category 6 of Division I, unless he holds the B.A., or B.Sc., or B.Com., or B.A. (Honours) or B.Sc. (Honours) or B.Com (Honours) degree of a University in the Indian Union and unless he is qualified in the Civil and Criminal Judicial Tests, Parts I, II and III for members of the Judicial Department, the Translation Test and the Account Test for Subordinate Officers, Part I.
No member of the service shall be eligible for promotion to Category 7 of Division I, unless he holds the B.A., or B.Sc., or B.Com., or B.A. (Honours) or B.Sc (Honours) or B.Com (Honours) degree of a University in the Indian Union and unless he has passed the Government Technical Examination in Shorthand and Typewriting in English by the Higher Grade.
* "No person shall be eligible for appointment to the post of Assistant Editor, Tamil Law Journal by direct recruitment unless he/she holds a Law Degree of any of the Universities in the Indian Union and a B.A. or B.Sc., or B.Com or B.A. (Honours.) or B.Sc (Honours) or B.Com (Honours) degree of any of the Universities in the Indian Union and also shall have sufficient experience in Translation of Acts, Rules, Notification and Judgment for not less than two years.
*Added SROC 4/95.
No member of the service shall be eligible for promotion to the post of Assistant Editor, Tamil Law Journal unless he/she holds a Law Degree of any of the Universities in the Indian Union and a B.A. or B.Sc or B.Com or B.A (Honours) or B.Sc (Honours) or B.Com (Honours) degree of any of the Universities in the Indian Union and unless he/she has served as Translator for not less than two years.
Provided that this amendment shall take effect from the date on which it is published and shall not affect the persons who were already appointed as Assistant Editors, Tamil Law Journal prior to the date of issuance of this amendment.
*No person shall be eligible for appointment to the post of Sub-Assistant Registrar (Insolvents/Accounts) by direct recruitment, recruitment by transfer and promotion unless he is qualified in Law Degree Examination and Chartered Accountant Examination (either Intermediate or Final) or B.Com Degree Examination.
© No person shall be eligible for appointment to the service—
(1) in Category 6 of Division II, unless he holds the B.A.., or the B.Sc., or the B.Com., degree of a University in the Indian Union. The method of appointment by direct recruitment shall be as prescribed in the Annexure to these Rules.
**(1) (A) In Categories 7 and 8 of Division II unless he possess the Minimum General Educational Qualification that may be prescribed by the Governor of Tamil Nadu from time to time for admission into the Tamil Nadu Subordinate Services or such other qualification as may be considered by the Chief Justice to be equivalent to such qualification, but for appointment as Typist, or Copyist if candidates possessing that qualification are not available, those not possessing that qualification may be appointed."
* Added SROC
20/97.
** Substituted ROC
7691/A/96/C1.
$ 1(B) in Category 1A of Division II by direct recruitment, recruitment by transfer or by promotion unless he—
(i) is a practising advocate or attorney or is duly qualified for admission as an advocate or an attorney of the High Court; or
(ii) holds the B.A. or B.Sc., or B.Com or B.A. (Honours) or B.Sc (Honours) or B.Com (Honours) degree University in the Indian Union and holds a degree in law of any of the Universities in the Indian Union and has also passed the examination in Law of Practice and Procedure, Civil and Criminal."
(2) in Categories 2 to *5B of Division II unless he holds the B.A., or the B.Sc., or the B.Com degree of a University in the Indian Union.
Provided that a person who does not
possess the qualifications prescribed in the above clause shall be eligible for
appointment to Category 5 in Division II if he is qualified in the Account Test
for Subordinate Officers, Part I, the Civil and Criminal Judicial Test Parts I,
II and III for members of the Judicial Department and the Translation test.
Provided further that the Typists ** borne
in Category 7 in Division II shall also be eligible for appointment to Category
5 in Division II, if they satisfy the following conditions :-
(i) They should possess Minimum General
Educational Qualification.
(ii) They should have passed the Account
Test for Subordinate Officers Part I, the Civil and Criminal Judicial Test Parts
I to III for the Members of the Judicial Department and the Translation
Test.
(iii) They should have put in a service
for a minimum period of 5 years as Typists and Steno-typists."
$ Added SROC
20/97.
* Substituted R.O.C.
4233-A/98/C1.
** Deleted R.O.C.
4233-A/98/C1.
*3. (Deleted.)
7. Special Qualifications
(a) (1) ** (i) No person shall be eligible
for appointment as a full member in categories 1 to 5 of Division I unless he
qualifies himself in the Account Test for Executive Officers within the period
of probation.
** (ii) No person shall be eligible for
appointment as a full member in Category 6B of Division I unless he qualifies
himself in the Civil and Criminal Judicial Test Parts I to III for Members of
the Judicial Department and Account Test for Subordinate Officers - Part I.
$ (2) No person shall be eligible for
appointment by direct recruitment, transfer or promotion—
(i) In any category in Division II
specified in Column (1) of the Schedule to these rules unless he possess in
addition to the qualifications prescribed in Rule 6, the qualifications
specified in the corresponding entry in column.
(2) thereof or possesses such other
qualifications as may be considered by the Chief Justice to be equivalent to the
said qualifications or unless the Chief Justice considers such person otherwise
fit for the post.
Provided that persons appointed by direct
recruitment may, however, be permitted to pass the prescribed special tests
within the period of probation, if he has not already done.
(ii) No Typists who has not attained the
age of 50 years on 1/7/1988 shall be eligible for promotion, or transfer or
confirmation or further increments, unless he/she has qualified himself/herself
in Typewriting Examination in English and Tamil by Higher Grade on or before
31/12/1990.
* Deleted
ROC 7691/A/96/C1.
**
Renumbered, Added SROC 20/97.
$
Substituted ROC 7691/A/96/C1.
No Steno-typist who has not attained the
age of 50 years as on 1/7/88 shall be eligible for promotion or transfer or
confirmation or further increments, unless he/she has qualified himself/herself
in Typewriting and Shorthand Examination by the Higher Grade both in English and
Tamil on or before 31/12/1990.
No copyist who has not attained the age of
50 years as on 1/7/88 shall be eligible for promotion or transfer or
confirmation or further increments unless he/she has qualified himself/herself
in Typewriting Examination in English and Tamil by Higher Grade on or before
31/12/1990.
Provided that Copyists and Typists, who had
attained the age of 50 years on 1/7/88 shall be exempted from acquiring further
Technical Qualification—
(b) The Chief Justice may, if satisfied
that an adequate knowledge of a particular language or languages is necessary
for holding a specified post or posts in Division II declare that such post or
posts is or are reserved for candidates with such knowledge. When such a
declaration has been made, any such post shall be filled only by a person who
possesses such knowledge.
© For purposes of first appointment,
promotion, discharge for want of vacancies, re-appointment, seniority and
appointment of full members, every post or group of posts in a category for
which different qualifications are prescribed shall be deemed to be a separate
category.
(d) Security --
(1) Every person appointed to the following posts shall, for the due and
faithful performance of the duties attached thereto, deposit security in the sum
specified below :-
(i) Head Accountant .. Rs. 5,000/-
(ii) Assistant at the .. Rs. 1,000/-
the Counter.
(iii) Gollah .. Rs. 500/-
* (iv) Official Assignee . .A bond for
Rs.10,000/- with two sureties in favour of the Chief Justice.
(v) Deputy Official .. A bond for
Rs.5,000/- with two sureties
Assignee in favour of the Chief
Justice.
(vi) Assistant Section Officer dealing with
cash in the office of the Official Assignee. Rs. 2,500/-
(2) If within a month from the date of his
appointment or promotion, the person concerned fails to deposit the security
required, his appointment or promotion shall be deemed to have been terminated
and the appointing authority shall forthwith, by order, discharge him from the
service or revert him to the post from which he was promoted, as the case may
be, unless he has already been otherwise discharged or reverted.
Provided that the termination of such
promotion under this sub-rule shall not disentitle a person to promotion to any
post in the service which does not require security and for which he would have
been eligible for promotion otherwise than by reason of his promotion to these
posts.
8. Probation
(a) Every person appointed to the service
otherwise than by promotion shall be on probation for a total period of two
years on duty within a continuous period of three years.
(b) Every person promoted from any post in
the service to a post on a higher scale of pay shall be on probation for a total
period of one year on duty :
Provided that a person, who is promoted to
any of the categories 1 to 5 in Division I from any other lower category in the
same division, * and to category 6B in Division I from Division II shall not be
required to be on probation for any period.
*Added
SROC 20/97.
Provided further that a person, who is
promoted to any of the categories * 1A, 2, 3, 5 to 9 of Division II as provided
in the rule 14 shall not also be required to be on probation for any period.
Also provided further that a person, who is
promoted under Rule 14 to any of the Categories in Division III, except to
Category I of Section I, superior shall not be required to be on probation for
any period.
(c) A probationer in any division or
category of the service, who, in accordance with rules 5(a), 14 or 15 is
appointed to any other division or category carrying a higher scale of pay,
shall be entitled to count towards his probation in the former division or
category any period of duty in the latter division or category, if during such
period he would have held a post in the former division or category but for such
appointment.
(d) A probationer in any category in
Division II of the service who is appointed to the temporary post of Clerk
sanctioned by the Government every year for work connected with the preparation
of the administration reports of Civil and Criminal Justice on a fixed pay of
Rs. 95/- per mensem shall be entitled to count towards his probation in the
former category any period of duty in the latter post, if during such period he
would have held post in the former category but for such appointment.
(e) A probationer in Category 7 of Division
I or categories 3 and 7 of Division II promoted as Deputy Administrator-General
and Deputy Official Trustee shall be entitled to count towards his probation in
the former Division or category any period of duty in the post of
Deputy/Administrator-General and Deputy Official Trustee, if during such period
he would have held a post in the former Division or category but for such
appointment.
*Added
SROC 20/97.
9.(a) Probation—Suspension or
Termination
At any time before the expiry of the period
of probation specified in rule 8, the Appointing Authority may at its
discretion, by order, terminate the probation of a probationer and discharge him
after giving him a reasonable opportunity of showing cause against the action
proposed to be taken in regard to him.
(b) Penalty for failure to pass tests
(1) If within his period of probation a
probationer fails to pass the prescribed special tests, the appointing authority
shall, by order, discharge him unless it extends the period of probation under
rule 10.
(2) If such probationer has appeared within
the period of probation for any such tests, and the results of the tests for
which he has so appeared are not known before the expiry of such period, he
should continue to be on probation until the publication of the results of the
tests for which he has appeared or the first of them in which he fails to pass,
as the case may be. In case the probationer fails to pass any of the tests for
which he has so appeared, the appointing authority shall forthwith, by order,
discharge him unless the period of probation is extended under rule 10.
(c) (1) Approved Probationer
If, at the end of the prescribed or
extended period of probation as the case may be, the appointing authority
considers the probationer to be suitable for full membership it shall issue an
order declaring the probationer to have satisfactorily completed his period of
probation. On the issue of such order, the probationer shall be deemed to have
satisfactorily completed his probation on the date of the expiry of the
prescribed or extended period of probation as the case may be.
(2) Termination of Probation
If the appointing authority does not then
consider the probationer to be suitable for such membership, it shall, unless
the period of probation is extended under rule 10, by order, discharge him from
the service after giving him a reasonable opportunity of showing cause against
the action proposed to be taken in regard to him.
(3) A probationer who is discharged
otherwise than for want of a vacancy shall be entitled to appeal against the
order of discharge as if it were an order of dismissal.
10. Extension of Probation
In the case of any probationer falling
under sub-rule (b) or clause (2) of sub-rule (c) of rule 9, the appointing
authority may extend his probation to enable him to acquire the special
qualifications or pass the prescribed tests or, as the case may be, to enable
the appointing authority to decide whether the probationer is suitable for full
membership or not. Such extended period of probation shall terminate at the
latest when the probationer has, after the date of expiry, of the period of
probation prescribed for the category in which he is on probation, completed one
more year of duty in such category. In cases where the probation of a
probationer is extended a condition shall, unless there are special reasons to
the contrary, be attached to the order of extension of probation that the
probationer’s increment shall be stopped until he is declared to have
satisfactorily completed his probation. If, however, the probationer has already
drawn an increment, his next increment shall be postponed until he is declared
to have satisfactorily completed his probation and by the period for which his
probation is extended. Such stoppage of increment shall not be treated as a
penalty but only as a condition of extension of probation and shall not have the
effect of postponing future increments after he has passed the prescribed tests
or examinations or after he is declared to have satisfactorily completed his
probation.
11. (a) Discharge of Probationers and
Approved Probationers for want of vacancies and their re-appointment
(1) Probationers and approved probationers
shall be discharged for want of vacancies in the following order :-
(i) First, the probationers in order of
juniority; and
(ii) Second, the approved probationers in
order of juniority.
(2) Approved probationers and probationers
who have been discharged for want of vacancies shall be re-appointed as
vacancies arise, in the inverse of the order laid down in item(i) or (ii) of
clause (1).
(3) The order of discharge or
re-appointment prescribed above may be departed from in cases where its
observance would involve exceptional administrative inconvenience.
(b) Right of Appointment of Probationers
and Approved Probationers
A vacancy in any category or sub-category
or post in the service shall not be filled by the appointment of a person who
has not yet commenced his probation therein when an approved probationer or a
probationer therein is available for such appointment.
12. (a) Appointment of Full Members
Subject to the provisions of rule 26 an
approved probationer shall, if a substantive vacancy in the permanent cadre of
the sub-category or post for which he was selected exists, be appointed to be a
full member of the service in such sub-category or post at the earliest possible
opportunity; and if such vacancy existed from a date previous to the issue of
the order of appointment, he may be so appointed with retrospective effect from
such date or, as the case may be, from a subsequent date from which he was
continuously on duty as a member of the service in such category or in a higher
category;
Provided that, (1) Where more than one approved probationer is available
for such appointment as full member, the senior most approved probationer on the
date of the vacancy shall be appointed;
(2) Where by reason of administrative
convenience a member of the service completes his probation earlier than another
member of the service who is senior to him, the member who so completes his
probation earlier shall not be confirmed before the member who is senior to him.
The senior member shall be confirmed according to his seniority in the service
after he completes satisfactorily the period of his probation.
Explanation :- For the purposes of this
rule an approved probationer who has been on leave during the period of his
probation or after such period shall be deemed to be on duty as a member of the
service in the category concerned, if he would have been on duty in such
category or in a higher category but for the absence on leave.
(b) Any substantive vacancy which may exist
or arise in the permanent cadre of a class or category and which is to be filled
up by an approved probationer against whom serious charges are pending, shall be
reserved for such person till final orders are issued on the proceedings against
him or where such person is reduced in rank for a specified period, till he is
actually restored to his original rank.
13. Notwithstanding anything contained
in rule 30 of the Fundamental Rules, all Junior Assistants appointed to
officiate in the posts of Assistant shall be granted officiating pay, whether or
not the officiating appointment has been declared to involve the assumption of
duties and responsibilities of greater importance than those attaching to the
posts of Junior Assistants.
14. Promotion
All promotions shall be made by the
appointing authority. Promotion to any of the categories 1 to 5 of Division I
may be from any other lower category in the same Division except from Categories
* 6A, 7 and 8 and from Category 3 of Division II.
Provided that the members possess the
qualifications set forth in rule 6(b);
Provided further that a member in Category
3© of Division II may be considered for appointment to categories 1 to 5 of
Division I by direct recruitment for a period of five years from the date of his
first appointment.
Provided further that members of merit and
ability in *category 6A ** and 6B of Division I and Category **1A and 2 of
Division II in Category 7 of Division I and in category 4 of Division II may
also be considered;
* Added SROC 4/95.
** Added SROC 20/97.
Promotion to Category 6 in Division I shall
be from category 3 of Division II;
** Promotion to Category 6B in Division-I
shall be from Categories -1A, 2 and 3 of Division-II.
Provided that members of merit and ability
in categories 2 and 4 of Division II may also be considered.
Promotion to category 7 in Division I shall
be from category 4 of Division II.
* Promotion in Division II shall be as
follows :
** Category 1A from Category 5.
To Category-2(c) from Category 5.
To Category-3 except the post mentioned to
3(c) from Category-5.
$ To Category-4 from Category 5, 5A, 5B.
$ To Category - 4A from Category - 5A.
$ To Category-5 from Category -5A, 6 or
7.
$ To Category-5A from Category - 5B, 6 or
7.
$ To Category-5B from Category - 6, 7 or
8.
To Category-6 from Categories 7, 8 &
9.
However, it is open to the appointing
authority to consider persons possessing the requisite qualifications for the
post of Assistant to Category 6 belonging to all Categories in Section-I and II
of Division-III.
To Category-7 from Category-8.
To Category-9(a) from Category-9(b).
To Category 9(b) from Category 6 of
Section-I and
Categories 1 and 2 of Section-II of
Division III.
* Substituted ROC
7691/A/96/C1.
** Added SROC
20/97.
$ Substituted R.O.C. No.
4233-A/98/C1.
* Promotion in Section-I of Division III
shall be as follows :-
To Category-1 from Category-3.
To Category 1A from Categories 2, 3 and
4.
To Category-2 from Categories 4, 5, 6
and
Categories-1 and 2 of Section II.
** To Category-3 from Category-5.
To Category-4 from Category-6 and
Categories 1 & 2 of Section-II.
$ To Category-5 from Category 6.
To Category-6 from Category-2 of
Section-II.
Provided that promotion shall be admissible
from Categories 6 or 7 or 8 of Division II to Category-1A of Division-III.
All categories in Division I except
category 8 and categories 2 to 5 in Division II shall be selection categories
and promotion thereto shall be made on grounds of merit and ability, seniority
being considered only where merit and ability are approximately equal.
* Substituted ROC
7691/A/96/C1.
** Substituted ROC
6993-A/98/C1.
$ Substituted ROC
6993/98/C1.
15. Temporary Appointments and Promotions
(a) Where it is necessary to fill a vacancy
in any division, category, sub-category or post in the service and there would
be undue delay or administrative inconvenience in appointing a person who is
qualified for or entitled to such appointment or a duly qualified person is not
available, the appointing authority may appoint any other suitable person
temporarily until an appointment is made in accordance with these rules.
(b) (i) A person appointed under sub-rule
(a) shall be replaced as soon as possible by a member of the service who is
entitled to promotion under these rules or, as the case may be, by a candidate
qualified to hold the post under these rules.
(ii) A person appointed under sub-rule (a)
shall not be regarded as a probationer in such division, category or post or be
entitled by reason only of such appointment to any preferential claim to future
appointment to such division, category or post. The services of such a person in
the post shall be liable to be terminated by the appointing authority at any
time without notice and without any reason being assigned;
Provided that where such person is
subsequently appointed to the division, category or post in accordance with
these rules he shall commence his probation therein from the date of such
subsequent appointment or from such earlier dates as the appointing authority
may determine.
He shall also be eligible to draw
increments in the time-scale of pay applicable to him from the date of
commencement of his probation but shall not be entitled to arrears of pay unless
otherwise ordered by the Honourable The Chief Justice.
(c) A temporary appointment of a person
under clause (a) shall not be made for a period exceeding three months at a
time.
(d) Subject to the provisions of
Fundamental Rule 30 there shall be paid to the person appointed under sub-rule
(a) to hold temporarily a post borne on the cadre of a division, category or
sub-category, either his substantive pay or the minimum pay in the time scale of
pay, as the case may be, applicable to such division, category or sub-category,
whichever is higher.
16. Punishment
(1) No member of the service shall be
removed, dismissed or reduced in rank until he has given a reasonable
opportunity of showing cause against the action proposed to be taken in regard
to him :
Provided that this rule shall not apply
--
(a) when a member is removed, dismissed or
reduced in rank on the ground of conduct which has led to his conviction on a
criminal charge; or
(b) when the authority empowered to remove,
dismiss or reduce the member in rank is satisfied that for some reason to be
recorded by that authority in writing it is not reasonably practicable to give
that member an opportunity of showing cause; or
(c) Where the Chief Justice is satisfied
that in the interest of the security of the State it is not expedient to give to
that member such an opportunity.
(2) If any question arises whether it is
reasonably practicable to give to any member an opportunity of showing cause
under sub-rule (1), the decision thereon of the authority empowered to remove or
dismiss such member or to reduce him in rank, as the case may be, shall be
final.
17. Every member of the service shall
have a right of appeal from any order which
(a) punishes or formally censures him;
or
(b) alters or interprets to his
disadvantage any rule by which his conditions of service are regulated; or
(c) terminates his appointment otherwise
than upon his reaching the age fixed for superannuation.
The forms of penalties that may be imposed
on the several classes of officers are shown in the Appendix. The authority who
may impose these penalties shall be the one specified in columns (2) to (8) of
the Appendix against the several categories specified in Column (1) or any
higher authority;
Provided that in respect of members working
in the Industrial Tribunal, the authority who may impose the penalties mentioned
in the Appendix to the rules shall be Industrial Tribunal or any higher
authority.
The procedure laid down in rules 17 and 18
of the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules,
shall, in so far as they may be applicable and except to the extent expressly
provided in these rules, be followed in every case where it is proposed to
impose on a member of the service any of the penalties mentioned in the
Appendix.
18. An appeal may be withheld by an
authority not lower than the authority from whose order it is preferred, if
--
(1) it is an appeal in a case in which
under these rules no appeal lies, or
(2) it is not preferred within two months
after the date on which the appellant was informed of the order appealed against
and no reasonable cause is shown for the delay, or
(3) it is a repetition of a previous appeal
and is made to the same appellate authority by which such appeal has been
decided and no new facts or circumstances are adduced which afford grounds for a
reconsideration of the case, or
(4) it is addressed to an authority to
which no appeal lies under these rules;
Provided that in every case in which an
appeal is withheld the appellant shall be informed of the fact and the reasons
for it.
19. No appeal shall lie against the
withholding of an appeal by a competent authority.
20. Reservation of Appointment
(a) The unit of selection for appointments
for the purpose of this rule shall be hundred of which eighteen shall be
reserved for the Scheduled Castes and the Scheduled Tribes; and thirty-one shall
be reserved for the Backward Classes and the remaining fifty-one shall be filled
on the basis of merit.
(b) The claims of members of the Scheduled
Castes and Scheduled Tribes and the Backward Classes shall also be considered
for appointments to the fifty-one vacancies, which shall be filled on the basis
of merit and where a candidate belonging to a Scheduled Caste, Scheduled Tribe
or a Backward Class is selected on the basis of merit, the number of posts
reserved for the Scheduled Castes and Scheduled Tribes or for the Backward
Classes, as the case may be, shall not in anyway be affected.
(c) Selection for appointment under this
rule shall be made in the following order of rotation :-
1. Open Competition.
2. Scheduled Castes and Scheduled
Tribes.
3. Open Competition.
4. Backward Classes.
5. Open Competition.
6. Backward Classes.
7. Open Competition.
8. Scheduled Castes and Scheduled
Tribes.
9. Open Competition.
10. Backward Classes.
11. Open Competition.
12. Backward Classes.
13. Open Competition.
14. Scheduled Castes and Scheduled
Tribes.
15. Open Competition.
16. Backward Classes.
17. Open Competition.
18. Backward Classes.
19. Open Competition.
20. Scheduled Castes and Scheduled
Tribes.
21. Open Competition.
22. Backward Classes.
23. Open Competition.
24. Backward Classes.
25. Open Competition.
26. Open Competition.
27. Scheduled Castes and Scheduled
Tribes.
28. Open Competition.
29. Backward Classes.
30. Open competition.
31. Backward Classes.
32. Open Competition.
33. Scheduled Castes and Scheduled
Tribes.
34. Open Competition.
35. Backward Classes.
36. Open Competition.
37. Backward Classes.
38. Open Competition.
39. Scheduled Castes and Scheduled
Tribes.
40. Open Competition.
41. Backward Classes.
42. Open Competition.
43. Backward Classes.
44. Open Competition.
45. Scheduled Castes and Scheduled
Tribes.
46. Open Competition.
47. Backward Classes.
48. Open Competition.
49. Scheduled Castes and Scheduled
Tribes.
50. Open Competition.
51. Open Competition.
52. Scheduled Castes and Scheduled
Tribes.
53. Open Competition.
54. Backward Classes.
55. Open Competition.
56. Backward Classes.
57. Open Competition.
58. Scheduled Castes and Scheduled
Tribes.
59. Open Competition.
60. Backward Classes.
61. Open Competition.
62. Backward Classes.
63. Open Competition.
64. Scheduled Castes and Scheduled
Tribes.
65. Open Competition.
66. Backward Classes.
67. Open Competition.
68. Backward Classes.
69. Open Competition.
70. Scheduled Castes and Scheduled
Tribes.
71. Open Competition.
72. Backward Classes.
73. Open Competition.
74. Backward Classes.
75. Open Competition.
76. Open Competition.
77. Scheduled Castes and Scheduled
Tribes.
78. Open Competition.
79. Backward Classes.
80. Open Competition.
81. Backward Classes.
82. Open Competition.
83. Scheduled Castes and Scheduled
Tribes.
84. Open Competition.
85. Backward Classes.
86. Open Competition.
87. Backward Classes.
88. Open Competition.
89. Scheduled Castes and Scheduled
Tribes.
90. Open Competition.
91. Backward Classes.
92. Open Competition.
93. Backward Classes.
94. Open Competition.
95. Scheduled Castes and Scheduled
Tribes.
96. Open Competition.
97. Backward Classes.
98. Open Competition.
99. Scheduled Castes and Scheduled
Tribes.
100. Backward Classes.
(d) If a qualification and suitable
candidate belonging to any of the Scheduled Castes and Scheduled Tribes or the
Backward Classes is not available for selection for appointment in the turn
allotted for them in the cycle, the turn will lapse and the vacancy shall be
filled in by the next turn in the order of rotation. No account shall be taken
of any lapsed turn of the Scheduled Castes and Scheduled Tribes or of the
Backward Classes.
21. Pay, Allowances, Leave, Leave Salary,
Pension and other conditions of service
The Fundamental Rules, the subsidiary rules
thereunder, the Tamil Nadu Leave Rules, the Madras Retiring Invalid and
Compassionate Gratuities (Non-Pensionable Establishments) Rules, 1941, the
Madras General Provident Fund (Madras) Rules, the Madras Liberalised Pension
Rules, 1960, the rules regulating the pay of the services included in the Pay
Schedule and other rules for the time being in force applicable to officers
under the rule-making control
of the Government of Tamil Nadu shall
govern the members of the service in the matter of their pay, allowances, leave,
leave salary, pensions and other conditions of service :
Provided that except with regard to
salaries, allowances, leave and pensions, the Chief Justice shall exercise the
powers vested in the Governor under any of the aforesaid rules :
Provided further that where any such
members has elected to be governed by the provisions of the Civil Service
Regulations those provisions shall apply to him :
Provided also that the application of the
Revised Scales of Pay Rules, 1960, and as prescribed in the rule issued by The
Honourable The Chief Justice, shall be applicable.
* 21A. Re-employment of Pensioners and
Regulation of their pay :-
The Chief Justice shall be the Competent
Authority to re-employ and retired person in this service and to regulate their
pay in accordance with the provisions contained in the Tamil Nadu Pension Rules,
1978.
22. Savings
(a) Nothing in these rules shall affect any
member of an All India Service when holding any post mentioned in Rule 3.
(b) 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.
(c) Subject to the provisions of sub-rules
(d) and (e) where these rules would adversely affect in respect of any matter a
person who was a member of the service before the date of coming into force
thereof, he shall in respect of such matter, be governed by the rules and
orders, if any, which were applicable to him immediately prior to such date.
* Added SROC 2/93.
(d) A person who was on duty otherwise than
in a substantive capacity in a post borne on the cadre of the service shall be
regarded as a probationer or, as the case may be, as an approved probationer in
the division, category or sub-category in the service in which the post is
included and in the lower category (if any) in which he would have been on duty
but for his being on duty in a higher category, if he –
(i) was on duty in such post on the date of
issue of these rules; or
(ii) was absent from duty in such post on
that date on leave granted by competent authority having been on duty in such
post immediately before and immediately after such absence;
Provided that if there were no rules or
orders prescribing the period of probation for such post at the time of his
first appointment thereto, the provisions of these rules regarding probation
shall apply to him and any period of duty rendered by him in such post before
the date of issue of these rules shall count towards probation if and to the
extent such service would have counted had these rules come into force at the
time of such first appointment.
(c) A person who before the issue of these
rules had officiated in a post borne on the cadre of the service but who is not
entitled to be regarded as a probationer or as an approved probationer under
sub-rule (d) shall, if he is again appointed to such post after the issue of
these rules, be entitled to count
his previous service in such post towards
the prescribed period of probation;
Provided that in the case of candidates
directly recruited such previous service shall not count towards probation if
there was an interval of a continuous period of two years or more during which
he was not holding a post in the same or higher category.
Explanation: The re-appointment of a
person under this sub-rule shall not, for the purposes of rules regulating
recruitment, be regarded as first appointment to the division, category or
sub-category concerned.
23. Nothing in these rules shall be
construed to limit or abridge the power of The Chief Justice to deal with the
case of any member of the service or any person to be appointed to the service
in such manner as may appear to him to be just or equitable;
Provided that where any such rule is
applicable to the case of any person the case shall not be dealt with in any
manner less favourable to him than that provided by that rule.
24. Reduction of Full Member
If a full member of any category or grade
in the service is substantively reduced to a lower category or grade, he shall
be deemed to be a full member of the latter, and the permanent cadre thereof
shall, if there is no vacancy in which he could be absorbed be deemed to be
increased by one so long as such member continues therein :
Provided that against every such addition
an officiating or temporary vacancy, if any, in such lower category or grade,
shall be kept unfilled and such addition shall be absorbed in the first
permanent vacancy that subsequently arises in such lower category or grade, as
the case may be.
25. Relinquishment of rights by members
Any person may, in writing relinquish any
right or privilege to which he may be entitled under these rules and nothing
contained in these rules shall be deemed to require the recognition of any right
or privilege to the extent to which it has been so relinquished.
26. Members absent from duty
The absence of a member of the service from
duty, whether on leave or foreign service or on deputation or for any other
reason and whether his lien in a post borne on the cadre of the service is
suspended or not, shall not, if he is otherwise fit, render him ineligible in
his turn :-
(a) for re-appointment to a substantive or
officiating vacancy in the division, category or post in which he may be a
probationer or an approved probationer; or
(b) for promotion from a lower to a higher
post in the service.
27. Group Savings Linked Insurance Scheme
The Group Savings Linked Insurance Scheme
as envisaged in the Rules of the Group Savings Linked Insurance Scheme in
Appendix-II, shall commence from first day of January, 1986. All employees
regularly appointed to the service shall join the scheme compulsorily on the
relevant entry dates as soon as they satisfy the conditions of
eligibility.
SCHEDULE
Special Qualifications.
(See Rule 7)
Division II.
(1) (2)
* Category-1A. 1. Account Test for
Subordinate
Officers Part-I.
2. Civil and Criminal Judicial Test
Parts I to III for Members of the Judicial Department.
* Added SROC 20/97.
(1) (2)
Category 2 (a)
1. Translation Test in
(a) Gujarathi; and
(b) in any one of the following languages,
namely Urdu, Telugu and Tamil.
2. Civil and Criminal Judicial Tests for
members of the Judicial Department, Part I, II and III.
3. Account Test for Subordinate Officers,
Part I
Category 2 (b)
1. Translation Test in Urdu & Tamil or
Telugu.
2. Civil and Criminal Judicial Tests for
members of the Judicial Department, Parts I, II and III.
3. Account Test for Subordinate Officers,
Part I.
Category 2 (c)
1. Translation Test in Tamil and
Telugu.
2. Civil and Criminal Judicial Test for
Members of the Judicial Department, Parts I, II and III.
3.Account Test for Subordinate Officers,
Part I.
Category 3(a), (b),
1. Translation Test in one of the
following
(d) and (e). languages viz., Tamil, Telugu,
Malayalam and Kannada.
(1) (2)
2. Civil and Criminal Judicial Test for
members of the Judicial Department, Parts I to III.
Category 3 (c) Must be an Advocate or
Attorney of High Court or Bar at Law.
Category 4. Must have passed the Government
Technical Examination in Shorthand and
Typewriting by the Higher Grade. If,
however, candidates who have passed the Typewriting Test by the Higher Grade are
not available, those who have passed the Test by the Lower Grade at an
Examination held after the 1st January, 1933 may be appointed.
Category 5.
1. Translation Test in one of the following
languages viz., Tamil, Telugu, Malayalam and Kannada.
2. Civil and Criminal Judicial Test for
members of the Judicial Department, Part I, II and III.
1. Account Test for Subordinate Officers,
Part 1.
(1) (2)
$ Category-5B Must have passed the
Government Technical Examination in Typewriting and Shorthand in English and
Tamil by Higher Grade.
Category 7 Typist. Must have passed the
Government Technical Examination in Typewriting.
i) by the Higher Grade in Tamil and
English; or
ii) by the Higher Grade in Tamil and Lower
Grade in English; or
iii) by the Higher Grade in English and
Lower Grade in Tamil.
* Column Column
(1) (2)
Category 8(B) Copyist. Must have passed the
Government Technical Examination in Typewriting
i) by the Higher Grade in Tamil and
English; or
ii) by the Higher Grade in Tamil and Lower
Grade in English; or
III) by the Higher Grade in English and
Lower Grade in Tamil.
$ Inserted R.O.C. No.
4233-A/98/C1.
* Added SROC
7691/A/96/C1.
Provided that candidates with the
qualifications referred to in Item (ii) above, shall be appointed only if
candidates with the qualifications referred to in item (i) above, are not
available.
Provided further that the candidates with
the qualifications referred to
in Item (iii) above, shall be appointed
only if the candidates with the qualifications referred to in items (i) and (ii)
above, are not available.
Provided that candidates with the
qualifications referred to in Item (ii) above, shall be appointed only if
candidates with the qualifications referred to in Item (i) above, are not
available.
Provided further that the candidates with
the qualifications referred to in Item (iii) above, shall be appointed only if
the candidates with the qualification referred to in Item (i) and (ii) above,
are not available.
$ (Steno-typists)
(Deleted)
DIVISION III.
(1) (2)
Section I.
Category 1-A Civil and Criminal Judicial
Tests, Parts I,
II and III for members of the Judicial
Department.
$ Deleted ROC No.
4233-A/98/C1.
* Category 3
(deleted)
Note 1 :-
The holders of a Law Degree of a University
in the Indian Union shall not be required to pass the Civil and Criminal
Judicial Tests, Parts I, II and III for members of the Judicial Department,
provided they have passed the Examination in the Law of Practice and Procedure
both (Civil and Criminal) held by the Bar Council.
Note 2 :-
The holders of Law Degree of a University
in the Indian Union, who have passed the said examination held after October,
1967, shall not be required to pass Civil and Criminal Judicial Test for members
of the Judicial Department, Parts I and II.
APPENDIX - I.
(See Rule 17)
Authority which may impose the penalty of
-
Fine (only Withholding in the case of of
increments or persons against promotion, including Class of Censure whom an
stoppage at an Officers. authority is efficiency bar. specified in this column).
(1) (2) (3) (4)
Division I -
Categories
1 to 7. Chief Justice .... Chief Justice
..
Division II -
* Deleted ROC
7691/A/96/C1.
(1) (2) (3) (4)
* Categories
1A to 4. Registrar. .... Chief Justice
..
Categories
5 to 9. Do. .... Registrar. ..
$ Categories 1 to 4 .... Registrar. ..
of Section 1
Other Categories in
Section I and II. .... Deputy
Registrar.
These amendments shall be deemed to have
come into force with effect from 1/6/1988.
Provided that the Promotions and
Appointments made between 1/6/1988 and the date of issue of these amendments
shall not be affected notwithstanding the retrospective effect of these
Amendments".
* Substituted SROC 20 / 97.
(These amendments shall take effect from 3/6/97.)
$ Substituted ROC
7691/A/96/
APPENDIX - I.
(See Rule 17)
Reduction Recovery from pay Suspension
Compulsory Appellate to a lower of the whole or retirement, Authority post or
time part of any pecuniary removal or scale or to loss caused to dismissal.
lower stage Government or to a in a time local body by negligence or breach of
orders.
(5) (6) (7) (8) (9)
Chief Justice Chief Justice Chief Justice
Chief Justice Governor
Do. Do. Do. Do. Governor
against the orders of the Chief Justice
& Chief Justice against the
orders of the Registrar (5) (6) (7) (8)
(9)
Registrar Registrar Registrar Registrar
Do.
Do. Do. Do. Do. Do.
Deputy Deputy Deputy Deputy Registrar
Registrar Registrar. Registrar Registrar
the orders of the Deputy Registrar &
Chief Justice against the orders
of the Registrar and Governor against the
orders of the Chief Justice.
APPENDIX - II.
RULES OF GROUP SAVINGS LINKED INSURANCE
SCHEME.
1. Definitions :
In these Rules, where the context so
admits, the masculine shall include the feminine, the singular shall include the
plural and the following words and expressions shall, unless repugnant to the
context, have the following meanings.
(i) `The EMPLOYER' shall mean The
REGISTRAR, HIGH COURT, Madras;
(ii) `The CORPORATION' shall mean the Life
Insurance Corporation of India established under Section 3 of the Life Insurance
Corporation Act, 1956;
(iii) `The SCHEME' shall mean THE MADRAS
HIGH COURT
EMPLOYEES GROUP SAVINGS LINKED INSURANCE
SCHEME;
(iv) `THE RULES' shall mean the Rules of
the Scheme as set out below and as amended from time to time;
(v) `THE MEMBER' shall mean the particular
employee of the Employer who has been admitted to the benefits under the
Scheme;
vi) `ENTRY DATE' shall mean (a) in relation
to the Members admitted to the Scheme on the date of commencement, the said date
of commencement and (b) in relation to new Members to be admitted to the Scheme
after the commencement date, the next anniversary date of the policy;
vii) `ANNUAL RENEWAL DATE' shall mean in
relation to the scheme the First day of January and the same day in each
subsequent year;
viii) `TERMINAL DATE' shall mean in respect
of a Member the date on which he completes the age of superannuation;
ix) `THE ASSURANCE' shall mean the
Assurance to be effected on the life of the Member;
x) `THE RUNNING ACCOUNT' shall mean the
Account to be maintained by the Corporation in favour of the Employer to which
will be credited the premiums remaining in respect of the Members after
utilising such part as is required to provide life assurance benefit;
xi) `THE BENEFICIARY' shall mean, in
relation to a Member, the person or persons who has/have been appointed by him
in terms of these Rules to receive the benefits under the Scheme in the event of
his death whilst being insured;
xii) `REGISTRAR' shall mean the record of
Members kept by the Corporation.
2. The Employer will act for and on behalf
of the Members in all matters relating to the Scheme and every act done by,
agreement made with and notice given to the Corporation shall be binding on the
Members.
3. Commencement Date
:
The Scheme shall commence and the Rules
shall take effect from first day of January, 1986.
4. Eligibility
:
a) Regular employees who are aged not less
than 18 years shall be eligible to join the scheme.
b) Present employees in the above category
may join the Scheme as from the date of commencement of the Scheme.
c) It shall be a condition of service that
all future employees must join the scheme on the relevant Entry dates as soon as
they satisfy the conditions of eligibility.
d) No member shall withdraw from the Scheme
while he is still in eligible employee satisfying the conditions of eligibility
described above.
5. Evidence of Age
:-
The Employer shall arrange to obtain
satisfactory evidence of age in respect of each Member at the time of his entry
into the scheme.
6. Evidence of
Health :-
The Employees who are absent from duty on
grounds of sickness on the date of commencement of the Scheme shall not be
eligible to join the Scheme.
7. Contributions :-
The monthly contribution towards premium is
split into Group Insurance Premium (Risk Element) and Savings Element. The
premia for the four categories of employees, viz.,
1. Senior Management (Officers from the
level of Registrar down to the level of Assistant Registrar);
2. Middle Management (Officers and Staff
from the level of Second Assistant Registrar down to the level of Court Officers
and Personal Assistants to Honourable Judges);
3. Clerical cadre (Staff from the level of
Special Assistants and Translators down to the level of Record Clerks including
Lift Operators); and
4. Other remaining categories are as
follows :-
Sum Monthly Savings Risk One time
Category assured contri- element. element
Stamp
bution. Charges.
(1) (2) (3) (4) (5) (6)
Rs. Rs. Rs. Rs. Rs.
A) Senior 80,000/- 144/- 98/- 46/- 32/-
Management
B) Middle 40,000/- 72/- 49/- 23/- 16/-
Management.
C) Clerical 20,000/- 36/- 24.50 11.50
8/-
Cadre.
D) Others 10,000/- 18/- 12.25 5.75 4/-
ii) The Employer shall recover the
contribution in respect of all the Members from their salaries and remit the
same in full to the Corporation for providing benefits in accordance with the
Rules.
iii) A part of the contribution as may be
fixed by the Corporation expressed as a uniform average amount per Member
determined on the basis of the age distribution of all the Members, shall be
utilised to provide for each Member Life Assurance Benefit as mentioned in Rule
8. The Life Assurance Benefit will become payable upon the death of the Member
whilst being insured under the Scheme. For this purpose, the Employer shall
effect assurances under the one year Renewable Term Assurance Plan with the
Corporation. The balance of contribution will be credited to a Running Account
to be maintained by the Corporation in favour of the Employer for providing the
benefits described in Rule 8 to the Members. The Corporation shall allow
interest on the balance in the Running Account at the agreed rate.
8. Benefits :
i) On death of the Member before the
terminal date :
The Life Assurance Benefit of Rs. 10,000/-;
Rs. 20,000/-; Rs. 40,000/-; and Rs. 80,000/-; as the case may be, together with
the amount to the credit of the Member in the Running Account as on the date of
his death as determined in the manner referred to in 8(ii) shall become payable
to the Beneficiary.
ii) On reaching terminal date or an earlier
cessation of service other than death :-
The total amount to the credit of the
Member in the Running Account as shall be determined by the Corporation having
regard to the Entry date, the amounts credited to the Running Account from time
to time, the rate of interest and the date of exit shall become payable to the
Member.
9. Termination of Membership :-
The Membership of the Scheme in respect of
a Member shall terminate upon the happening of any of the following events
:-
a) Member ceasing to be in the service of
the Employer;
b) Member reaching the Terminal Date.
Upon termination of membership, the Life
Assurance Benefit of the member shall cease forthwith and the amount at his
credit in the Running Account as determined in Rule 8(ii) shall become
payable.
10. Restraint on Anticipation or
Encumberance :-
The benefits under the Scheme are strictly
personal and cannot be assigned, charged or alienated in any way.
11. Master Policy :-
The Corporation will issue a Master Policy
to the Employer incorporating the terms and conditions under which the benefits
are assured.
12. Experience Rating Adjustment :-
The Corporation's Scheme of Experience
Rating Adjustment shall be applicable to the Life Assurance Benefit in respect
of the Members provided that the Membership strength at the beginning of the
policy year is atleast 200. At intervals of not more than three years the
Experience Rating Adjustment will be determined subject to such conditions as
may be applicable in that behalf.
The Experience Rating Adjustment will be
given effect to by way of an addition to the amounts credited to the Running
Account in respect of each Member in the policy year following the period of
review.
13. Appointment of Beneficiary :-
Every Member shall at the time of entry
into the Scheme appoint one or more of his wife or chid/children or dependants
to be his Beneficiary or Beneficiaries in Form IV given below and file it with
the Employer. If a Member does not have a wife or child/children or dependants
then he shall appoint his legal representative to be the Beneficiary. In the
event of death of the Member, the benefits in respect of him will be paid to the
Beneficiary or Beneficiaries appointed by him. A member of the Scheme may, at
any time cancel/change a nomination by sending a notice in writing to the
Employer.
FORM - IV.
FORM OF APPOINTMENT OF BENEFICIARY.
I, . . . . . . . . . . . . . . . . . an
Insured Member of the . . . . . . . . . . . . . . . Group Savings Linked
Insurance Scheme hereby appoint in terms of Rule No. 13 headed `Appointment of
Beneficiary' of the Rules
governing the Scheme my (relationship) . .
. . . . . . . . . . . named . . . . . . . . . . . . and whose address is .. . .
. . . . . . . . . . . as the person to be the beneficiary to whom the moneys
payable in terms of the Rules of the Scheme shall be paid in the event of my
death.
Signed at ............ this .......... day
of .....199......
Signature of Insured Member.
Witnessed by :-
1) (i) Signature . . . . . . . . . .
(ii) Name . . . . . . . . . .
(iii) Address . . . . . . . . . .
2) (i) Signature . . . . . . . . . .
(ii) Name . . . . . . . . . .
(iii) Address . . . . . . . . . .
* ANNEXURE
(See Rule 6)
Method of appointment to the service by
direct recruitment -- Direct recruitment of (1) Junior Assistants and (2)
Shorthand writers shall be made in the following manner :-
1. Vacancies will be notified and
applications called for by advertisement in atleast two important dailies.
2. The applications received will be
scrutinised with reference to the rules prescribing the age, educational and
other qualifications.
3. A preliminary selection from those who
satisfy the age, educational and other qualifications on the basis of the
proficiency as disclosed by the Academic performance will then be made and such
number as are decided upon by the Chief Justice based on the requirements, so
that the number selected is not below 100 and not above 500 will be required to
sit for a Competitive Examination on a date notified by the Registry.
4. A further selection based on the
examination results taken along with qualifications and all other relevant
considerations of such number as decided upon by the Chief Justice will then be
made and such selected persons will be required to undergo a viva voce test. The
person or persons to form the Committee to interview the candidates will be
nominated by the Chief Justice and the person or persons forming the Committee
would report the result of the interview in writing to the Chief Justice.
* Added SROC 8/78.
5. A final selection would then be made by
the Chief Justice from those who appeared at the interview of such number as are
decided upon by the Chief Justice and a list of approved candidates in the order
of merit will be drawn up with due regard to the Rule of Reservation.
6. Even in selecting candidates under
paragraphs 3, 4 and 5 above due regard would be made to the rule of reservation
in order to ensure that sufficient number of persons belonging to the reserved
categories are represented in the group of persons selected.
TAMIL LAW JOURNAL OFFICE, HIGH COURT,
MADRAS.
ADHOC RULES.
In exercise of the powers conferred by
Article 229 (1) and (2) of the Constitution of India and all other powers
hereunto enabling, The Honourable The Officiating Chief Justice is pleased to
make the following rules :-
The rules hereby made shall be deemed to
have come into force with effect from 21/12/1979.
R U L E S.
1. The Madras High Court Service Rules
applicable to the holders of the permanent posts in the Madras High Court
Service shall apply to the holders of the temporary posts in the Tamil Law
Journal Office who have been appointed to these posts.
2. Constitution
:-
The posts of Chief Editor, Associate
Editor, Assistant Editors, Assistant, Steno-typist, Typists, Proof Reader and
Basic Servants in the Office of the Tamil Law Journal shall form temporary
additions to the Madras High Court Service.
3. Appointment
:-
Appointment to the posts mentioned in
Column 1 below shall be made as noted against each post in Column 2 :
(1) (2)
1. The Chief Editor, (in the By recruitment
by transfer from among the
cadre of the District District Judges in
the Tamil Nadu State
Judge, Grade-II) State Higher Judicial
Service.
2. The Associate Editor. a) By recruitment
by transfer from among the Subordinate Judges in the Tamil Nadu State Judicial
Service; or
b) By promotion from among the Assistant
Editors.
3. The Assistant Editor. a) By direct
recruitment; or
b) By recruitment by transfer from among
the District Munsifs in the Tamil Nadu State Judicial Service; or
c) By recruitment by transfer from
categories 6 and 7 of Division-II of the Madras High Court Service; or
d) By recruitment by transfer from any
other service.
4. Assistant. By recruitment by transfer
from Category 10 of Division - II of the Madras High Court Service.
5. Steno-typist ()
6. Typist. ()
7. Proof-Reader () Either by direct
recruitment or by transfer from the Madras High Court Service
8. Basic Servants ().
Appointing Authority :-
(i) The Appointing Authority for the post
of Chief Editor, Associate Editor and Assistant Editor shall be the Chief
Justice of the Madras High Court.
(ii) The Appointing Authority for the posts
of Assistant, Steno-typist, Typists and Proof-Reader shall be the Registrar,
High Court, Madras.
(iii) The Appointing Authority for the post
of Basic Servants shall be the Deputy Registrar, High Court, Madras.
5. Qualifications :-
(a) Age :- (i)
No person shall be eligible for appointment to the post of Assistant Editor by
direct recruitment, if he has completed or will complete 28 years of age on the
first day of July in the year in which the selection for appointment is
made.
Provided that the age limit prescribed in
this clause shall not apply to a person who is a member of the Scheduled Castes,
Scheduled Tribes or Backward Classes.
(ii) No person shall be eligible for
appointment to the post of Assistant Editor, Steno-typist, Typist, Proof -Reader
by direct recruitment unless he/she satisfies the appointing authority :-
(i) that he/she is of sound health, active
habits and free from any bodily defects or infirmity, unfitting him/her for the
service;
(ii) that his/her character and antecedents
are such as to qualify him/her for the service;
(iii) that he/she has not attained the age
of 28 years. A person who is a member of the Scheduled Castes, Scheduled Tribes
or Backward Classes shall be eligible for appointment by direct recruitment if
he/she has not completed thirty three years of age on the date of recruitment;
The Chief Justice may, at his discretion,
relax the age rule, if he considers it necessary in individual cases.
(iii) Basic Servants (Age and Educational
Qualifications) :-
Age and Educational Qualifications as
prescribed in the Madras High Court Service Rules are applicable to the Basic
Servants in the Office of the Chief Editor, Tamil Law Journal.
(b) Other
Qualifications :-
(i) Assistant Editor :- (a) No person
shall be eligible for the appointment to the post of Assistant Editor by direct
recruitment unless he/she holds a Law Degree of any of the Universities in the
Indian Union and he/she shall have sufficient experience in translation of Acts,
Rules and Notification or Judgments into Tamil for not less than three
years;
Provided that a person who is already
working as Assistant Editor on the date of the publication of these rules shall
be deemed to have been qualified for the said post.
(b) No member from the Categories 6 and 7
of Division-II of the Madras High Court Service shall be eligible for
appointment to the said post unless he/she holds Law Degree of any of the
Universities in the Indian Union and he/she shall have sufficient knowledge in
translation of Judgments into Tamil.
(ii) Steno-typist :- (a) No person
shall be eligible for appointment unless he/she possesses the Minimum General
Educational Qualification that may be prescribed by the Governor of Tamil Nadu
from time to time for admission into the Tamil Nadu Subordinate Services or such
other qualification as may be considered by the Chief Justice to be equivalent
to such qualification.
(b) Must have passed the Technical
Examination in Typewriting and Shorthand by Higher Grade in Tamil and
English.
(iii) Typist, Proof-Reader and Basic
Servants :-
Educational Qualification as prescribed for
the Typist, Reader and Basic Servant in the Madras High Court Service Rules are
applicable to the said posts.
6. Reservation of Appointments :-
The rule relating to reservation of
appointments (General Rule 22) shall apply for appointment to the post by direct
recruitment.
7. Probation :-
Every person appointed direct to the post
of Assistant Editor, Steno-typist, Typists, Proof -Reader and Basic servants by
direct recruitment shall from the date on which he/she joins duty, be on
probation for a total period of two years of duty within the continuous period
of three years.
8. Pay :-
There shall be paid to the holders of the
post specified in column (1) of the Table below a monthly pay calculated in the
scale specified in the corresponding entries in Column (2) thereof.
THE TABLE
Posts. Scale of Pay.
Chief Editor ..
Rs.1600-75-1750-100-2250
Associate Editor .. Rs.1000-60-1300-70-1650
(since scale
of pay for Subordinate Judges revised
as 1300-75-1900-100-2000.
Assistant Editor ..
Rs.600-30-750-35.890.40.1050.
Assistant ..
Rs.400-15-490-20-650-25-700.
Steno-typist. .. Rs.350-10-420-15-600.
Typists. .. Rs.350-10-420-15-600.
Proof -Reader. .. Rs.325-10-445-15-550.
Basic Servants. ..
Rs.250-5-330-10-400.
NOTIFICATIONS BY HEADS OF DEPARTMENTS,
ETC.
JUDICIAL NOTIFICATIONS.
Adhoc rules relating to temporary posts of
Xerograph Machine Operators in the High Court, Madras.
(R.O.C. No.
3428-A/82/C1.)
No.SROC-26/86 :-
In exercise of the powers conferred by
Article 229 (1) and (2) of the Constitution of India and all other powers
hereunto enabling, The Honourable The Chief Justice is pleased to make the
following rules :-
The rules hereby made shall be deemed to
have come into force with effect from 10th day of December, 1981.
RULES.
The Madras High Court Service Rules
applicable to the holders of the permanent posts in the Madras High Court
Service shall apply to the holders of the temporary posts of Xerograph Machine
Operators sanctioned from time to time for the Office of the Registrar, High
Court, Madras.
2. Constitution :-
The post shall constitute a separate
category in Division II of the said service.
3. Appointment :-
Appointment to the post shall be made as
follows :-
i) By direct recruitment; or
ii) By transfer from categories 5 and 6 of
Section I of Division III or categories 1 and 2 of Section II of Division III in
the same service; or
iii) By recruitment by transfer from any
other service.
4. Appointing Authority :- The
appointing authority for the said post shall be the Registrar, High Court,
Madras.
5 Qualifications :- (a) Age -- (1) No person shall be eligible for
appointment to the post by direct recruitment, if he has completed 28 years of
age;
Provided that a person who is a member of
the Scheduled Castes, Scheduled Tribes or Backward Classes shall be eligible for
appointment by direct recruitment if he has not completed thirty-three years of
age on the date of recruitment.
2. No person shall be eligible for
appointment to the said post by direct recruitment unless he satisfies the
appointing authority --
(i) that he is of sound health, active
habits and free from any bodily defect or infirmity, rendering him unfit for the
service;
(ii) that his character and antecedents are
such as to qualify him of the service;
(b) Other Qualifications :- No person
shall be eligible for appointment either by direct recruitment or by recruitment
by transfer from any other service, unless he possesses the following
qualifications, namely :-
(i) B.A., or B.Sc, or B.Com Degree of a
University in the Indian Union; and
(ii) Practical experience for a period of
not less than one year in the operation of Xerograph machine.
6. Reservation of appointments :- The
rule relating to reservation of appointments (General Rule 22) shall apply for
appointment to the post by direct recruitment.
7. Probation :-
Every person appointed to the post by direct recruitment shall, from the date on
which he joins duty, be on probation for a total period of two years on duty
within a continuous period of three years.
8. Pay :- There shall be paid to the
holder of the post a monthly pay calculated in the scale of Rs.280-5-320-10-450
(Now in time scale pay of Rs.505-10-555-15-615-20-795-25-845)
JUDICIAL NOTIFICATIONS.
HIGH COURT, MADRAS.
REVISION OF SCALES OF PAY RULE FOR MADRAS
HIGH COURT SERVICE.
(Including erstwhile Official Assignee
Service merged with Madras High Court Service.)
(Roc
No.1915A/97-G2)
No. SROC-8/98.
In exercise of the Powers conferred by
Article 229 of the Constitution of India and all other powers, the Honourable
The Chief Justice, High Court, Madras is hereby pleased to issue the following
rule for the fixation of Pay in respect of the members of the High Court Service
(including the erstwhile Official Assignee Service merged with High Court
Service) :-
RULE.
Consequent on the recommendation of the
Official Committee and the orders contained in G.O. Ms. No.162, Finance (PC)
Department, dated 13th April, 1998 revising the scales of Pay in the other
services in the State, The Honourable The Chief Justice, with the prior approval
of the Governor of Tamil Nadu contained in G.O. Ms. No.805, Home (Cts V)
Department, dated 19th June, 1998, is pleased to revise and fix the scales of
Pay as specified in the annexure hereunder to the various posts in the Madras
High Court Service (including the erstwhile Official Assignee Service merged
with the Madras High Court Service.)
The scales of pay specified in annexure
will take effect from 1st January, 1996. The Tamil Nadu Revised Scale of Pay
Rule, 1998 notified in G.O. Ms. No.162, Finance (PC) Department, dated 13th
April 1998 and amendments issued by the Government, subsequently in this regard
shall be applicable to the members of the High Court Service (including the
erstwhile Official Assignee
Service merged with the Madras High Court
Service) in the matter of fixation of their pay.
The Provision regarding the matters like
Selection Grade/Special Grade, Special Pay and Special Allowances for certain
posts, Dearness Allowances, House Rent Allowance, City Compensatory Allowance
and other allowances shall be as prescribed in G.O. Ms. No.162, Finance (PC)
Department, 13th April, 1998 read with G.O. Ms.
No.805, Home (Cts V) Department, dated 19th June, 1998 in respect of Officers
and Staff of the High Court Service (including Erstwhile Official Assignee
Service merged with Madras High Court Service.)
These rules shall apply to the Officers and
staff of the High Court Service (including the Erstwhile Official Assignee
Service merged with Madras High Court Service.)
The option as indicated in rule 7 of the
Tamil Nadu Revised Scales of Pay Rules, 1998 shall be exercised within three
months from the date of these rules.
ANNEXURE.
1. Registrars.
(a) District Judge (Supertime Scale)
16,400-450-20,000
(b) District Judge or promoted from the
High Court Service. 15,000-400-18,600.
2. Additional Registrars.
15,000-400-18,600.
3. Official Assignee.
15,000-400-18,600.
4. Master. 14,300-*400-18,300.
5. Deputy Registrar. 12,000-375-16,500 plus
Special Pay of Rs. 150 per mensem.
6. Private Secretary to the Hon'ble
12,000-375-16,500 plus The Chief Justice in the cadre
of Special Pay of Rs.150 Deputy Registrar. per
mensem.
7. Official Referee. 12,000-375-16,500.
8. Special Officer(Grouping)
12,000-375-16,500. (in the cadre of Official Referee.)
9. Deputy Official Assignee.
12,000-375-16,500.
10. Assistant Registrar.
10,000-325-15,200.
11. Sub Assistant Registrar.
9,100-275-14,050.
12. Librarian. 9,100-275-14,050.
13. Interpreter. (Tamil, Telugu,
6,500-200-11,100 plus Gujarathi, Urudhu and French) Special Allowance of Rs. 100
per mensem.
* Erratum ROC No. 1915
A/97-G2.
14. Section Officer/Appeal Examiner/
6,500-200-11,100 plus Court Fee Examiner, Court Special Allowance of Officer,
Nazir in the cadre of Rs. 100/- per mensem. Section Officer.
15. Personal Assistant to the Hon'ble
6,500-200-11,100 plus Judges and Personal Assistant to Special Pay of Rs.200 the
Honourable the Chief Justice. per mensem to the Personal Assistant to the
Honourable the Chief Justice and Rs.100 per mensem to the Personal Assistant to
the Honourable Puisne Judges.
16. Technical Assistant to Librarian.
5,900-200-9,900.
17. Assistant Section Officers incl-
5,500-175-9,000 including Translators and Assistant Court Fee Examiner.
18. Overseer. 5,500-175-9,000.
19. Sergeant. 4,000-100-6,000.
20. Steno Typist (A.S.O. Grade)
5,500-175-9,000 plus usual Special Pay.
21. Assistant. 3,625-85-4,900.
22. Telephone Operator. 3,200-85-4,900 plus
Special Pay of Rs. 25/- per mensem
23.(a) Typist 3,200-85-4,900 plus usual
Special Pay.
(b) Senior Typist. 5,000-150-8,000 plus
usual Special Pay.
24. U.D. Steno Typist. 4,000-100-6,000 plus
usual Special Pay.
25. (a) Steno Typist (3 posts)
3,200-85-4,900 plus usual Special Pay.
(b) Steno Typist-1 post 4,000-100-6,000
(Santioned in G.O. Ms. No. 783, Home dated 29/5/1995 for Public Interest
Litigation Cell.)
26. Van Driver/Staff Car Driver.
3,200-85-4,900 plus Special Pay of Rs.20/- per mensem.
27. Head Bailiff. 4,000-100-6,000.
28. Chief Photostat Operator.
3,050-75-3,950-80-4,590
29. Court Keeper.
3,050-75-3,950-80-4,590
30. Telex Operator. 3,200-85-4,900 plus
Special Pay of Rs.35/-
per
mensem.
31. Reader, Examiner including
3,200-85-4,900. Proof Reader.
32. Copyist. 3,200-85-4,900 plus usual Spl.
Pay
33. Junior Bailiff.
2,750-70-3,800-75-4,400
34. Binder. 2,650-70-3,300-70-4,000
35. Assistant Photostat Operator.
2,650-65-3,300-70-4,000
36. Jamedar. 2,650-65-3,300-70-4,000
37. Gollah. 2,650-65-3,300-70-4,000
38. Xerox Operator.
2,650-65-3,300-70-4,000
39. Record Clerk.
2,610-60-3,150-65-3,540
40. Lift Operator. 2,610-60-3,150-65-3,540
plus Special Pay of Rs.10 per mensem.
41. Duffadar. 2,610-60-3,150-65-3,540 plus
Special Pay of Rs.10 per mensem.
42. Watch and Ward.
2,610-60-3,150-65-3,540
43.Office Assistant including
2,550-55-2,660-60-3,200 Chobdar, Scavenger, Sweeper, Watchman and
Gardener.
Tamil Law Journal :
44. Chief Editor. 15,000-400-18,600.
45. Associate Editor.
12,000-375-16,500.
46. Assistant Editor.
9,100-275-14,050.
Vigilance Cell :-
47. Special Officer. 15,000-400-18,600 (If
District Judge is posted.) 16,400-450- 20,000. (If District Judge (Supertime
Scale) is posted.
Deputation Posts :-
48. Additional Superintendent As applicable
in their of Police. parent Department.
49. Inspector of Police. Do.
50. Head Constable. Do.
51. Police Constable, Grade II. As
applicable in their parent Department.
52. Special Branch Assistant. Do.
53. Senior Accounts Officer Do (on
deputation from Treasuries and
Accounts Department.
The Madras High Court Service Rules are
being amended to change the nomenclature of Steno-Typist and also to include the
`Senior Typist' post in the High Court Service Rules.
High Court of Madras. MALAI
SUBRAMANIAN,
25th June, 1998. REGISTRAR.
P R O C E E D I N G S
Sub :- Establishment - High Court, Madras -
Sanction of Special Pay to the post of Copyist - Clarification issued by the
Government - Made Applicable to the Madras High Court Service Orders -
issued.
Ref :- 1. G.O.Ms. No.903, Home (Cts.V)
Department, dated 9/8/94.
2. Government Letter No.113061/Cts.V/95-25,
Home(Cts.V)
Department, dated 31/12/97. ORDER :- R.O.C.
No.1915-A/97-G2,
DATED : 19/2/99.
In exercise of the powers conferred by
Article 229 of the Constitution of India The Honourable The Chief Justice, High
Court, Madras is pleased to issue the following orders with regard to the
eligibility of Special Pay to the post of Copyist in the Madras High Court
Service :-
The Government in the G.O. first cited have
revised the scale of pay of the post of Copyist to that of Typist from Rs.
825-1200 to Rs. 975-1660 w.e.f. 15/9/93. Subsequently, the Government in their
letter No. 113061/Cts.V/95-25 Home, dated 31/12/97 have issued certain
clarifications in respect of the post of Copyists in the Tamil Nadu Judicial
Ministerial Service. Among other things, the Government, in the said letter,
have clarified that the Copyists are eligible for Special Pay according to their
Technical Qualification on par with that of Typists in addition to Special
Allowance given for the Typewriting Machines until they are provided with
typewriting machines by the Government.
The Government in the said letter (among
other things) have issued the following clarification :-
Whether the Copyists are eligible for
Special Pay on par with that of Typists in addition to Special Allowance given
for the Typewriting Machines
The Copyists are eligible for Special Pay
according to their Technical Qualification on par with that of Typists in
addition to Special Allowance given for the Typewriting machines until they are
provided with typewriting machines by the Government.
Inasmuch as the Government in G.O.Ms.
No.903, Home (Cts.V) Department, dated 9/8/94 have revised the scale of pay of
Copyist from Rs. 825-1200 to 975-1660 with effect from 15/9/93, the Copyist of
High Court, Madras are eligible for Special Pay too with effect from
15/9/93.
The aforesaid clarification of the
Government in their letter No. 1306/Cts.V/95-25 Home dated 31/12/97 is made
applicable to the post of copyist in Madras High Court Service.
HIGH COURT, MADRAS. REGISTRAR.
R.O.C. No.
4233-A/98/C1.
The above mentioned R.O.C. amendments shall
be deemed to have come into force with effect from 1/6/1988.
Provided that the existing Steno-typist in
"Assistant Section Officer Grade" is not affected by these amendments and also
further provided that the monetary benefit to the newly upgraded posts will be
from the date of actual appointment to those post (except Personal Clerk.)
