In exercise of the powers conferred by the proviso
to Article 309 of the Constitution of India, the Governor of Assam, is hereby pleased
to make the following rules, for regulating the recruitment and conditions of
service of persons appointed as Court Managers in the High Court and the
District Courts in the State of Assam, namely:- (1) These rules may be
called the Gauhati High Court (Appointment and Conditions of Service of Court
Managers for the state of Assam) Rules, 2018. (2) They shall come into
force on the date of their publication in the Official Gazette. In
these Rules, unless the context otherwise requires,- (a) "Appointing
Authority" means the Registrar General of Gauhati High Court; (b) "Chief
Justice" means the Chief Justice of the Gauhati High Court; (c) "Court
Manager" means a person appointed as Court Manager under these rules; (d) "District
Courts" mean the Courts established in various judicial districts in the
State of Assam under the jurisdiction of the Gauhati High Court; (e) "District
Judge" means the Judge of the Principal Civil Court of original
jurisdiction in a judicial district; (f) "Government"
means the Government of Assam; (g) "High
Court" means the Gauhati High Court; (h) "Judicial
District" means the territorial area over which a District Court exercises
jurisdiction; (i) "Centralized
Recruitment Committee" means the Committee for centralized recruitment for
officers and staff of Subordinate Judiciary and all Benches of the High Court,
including the Principal Seat of the High Court, to look into matters relating
to recruitment of officers and staff in the High Court and the Subordinate
Courts, comprising of such number of sitting Judges of the Gauhati High Court,
as may be nominated by the Chief Justice from time to time. (j) "Centralized
Recruitment Cell" means the existing Recruitment Cell of the High Court
headed by a Registrar of High Court, who is nominated by the Chief Justice from
time to time. (k) "Service"
means "the Gauhati High Court and District Court Manager Service" for
the state of Assam. (l) "State"
means the State of Assam; (m) "Registrar
General" means the Registrar General of the Gauhati High Court. The
service shall consist of the following class and cadre:- (i) Court Manager:- Class
- Group A Grade
- Grade I The
"Strength of Service" of each category of posts therein shall be such
as may be determined by the Governor, from time to time, in consultation with
the High Court. The Cadre Strength of the Service on the date of commencement
of these rules shall be as shown in 4th Column of the Table shown in
Schedule-II : Provided
that the number of posts of Court Managers for the state may be increased by
the State Government with the concurrence of the High Court, as and when
necessary. Recruitment
to the service shall be made by the Appointing Authority in the manner as
follow:- (a) Recruitment to the
cadre of Court Manager shall be made by direct recruitment only, except as
provided in clause (b). (b) The existing Court
Managers, who were earlier recruited, on contractual basis, following the
procedure of recruitment as provided under Gauhati High Court (Appointment and
Condition of Service of Court Managers) (Assam) Rules, 2012, and who have
completed 2 (two) years of service, may be absorbed in the newly created posts
of Court Managers, on the commencement of these rules, subject to their
continued utility and suitability (to be assessed by the High Court) and they
shall be entitled to the pay and allowances and other facilities as admissible
to the post of Court Managers provided under these rules. (c) The exercise for
absorption of the existing Court Managers, shall be for one time only. (d) After absorption of
such of the existing Court Managers, the remaining vacant posts shall be filled
up by direct recruitment following the procedure as mentioned under rule 6. (i) Direct recruitment to
the post of Court Manager shall be made by the appointing authority on the
basis of the recommendation of the Centralised Recruitment Committee of the
Gauhati High Court with the approval of the Chief Justice. (ii) The Centralized
Recruitment Cell shall prepare a list of all candidates who have qualified, in
order of merit, in accordance with the aggregate marks obtained by each
candidate in the Test/Interview as mentioned in Schedule-Ill. If two or more
candidates obtained equal marks, the order of merit in respect of such
candidates shall be fixed on the basis of their age, where the person or
persons older in age be placed higher in the order of merit. The recruitment
cell shall than submit place the list before the centralised Recruitment
Committee for their approval. (iii) The Central
Recruitment Committee after giving approval to the List shall furnish to the
Appointing Authority the list Of candidates for direct recruitment, in order of
preference, showing the marks obtained in examination/written test and
interview. (iv) The Appointing
Authority shall appoint the candidates in order of preference in the select
list against permanent vacancy. (v) The number of
candidates in the list shall be equal to the number of vacancies notified. (vi) The select list shall
remain valid for one year from the date of declaration of the final result. The
Chief Justice of the High Court shall have the power to extend the validity of
the list for a period which shall, in no event, exceed one year. (1) No person shall be
eligible for appointment and confirmation to the service.- (a) Unless he is a
citizen of India; (b) If he has more than
one wife living or in case of a female candidate who has married a person who
has one wife living: Provided
that the Governor may, if he is satisfied that there are special grounds for
doing so, exempt any person from the operation of this clause. (2) No person who
attempts to enlist support for his candidature directly or indirectly by any
recommendation, either written or oral by any other means, shall be appointed
to the service. A
candidates for direct recruitment shall produce to the Centralised Recruitment
cell the certificates of good character from; (i) The Principal/Academic
officer of the University/College in which he studied last, and (ii) Two respectable
persons, who are well acquainted with the person but not related to the
candidate. A
candidate for direct recruitment shall be.- (1) Of sound health both
mentally and physically and free from organic defect or bodily infirmity likely
to interfere with the efficient performance of his duties, and (2) Required to undergo
medical examination before appointment to the service. No
person shall be eligible for appointment to the post of Court Manager by direct
recruitment, unless he or she possesses the following qualifications: (i) Bachelor Degree in
any stream with Masters in Business Administration or Advanced Diploma in
General Management from a University or Institution in India recognized by the
University Grants Commission. (ii) 5(five) years working
experience in Process Management or I.T. Systems Management or Human Resources
Management or Financial Management. (iii) Good computer
application skill having at least 6 months diploma in Computer Application. (iv) In all cases of
appointment of direct recruitment as well as absorption there shall be
reservation in case of candidates belonging to the member of the Scheduled
Castes, Scheduled Tribes as per the provision of the Assam Scheduled Caste and
Scheduled Tribes (Reservation of vacancies in services and posts and Act 1978
(as amended) and rules framed their under. There shall also be reservation for
candidates belonging to the other backward classes and women as per provision
required for direct recruitment. No
person shall be recruited as a Court Manager if he or she is less than 25
(twenty-five) years and is above 38 (thirty eight) years as on the last date
fixed for receipt of applications: Provided
that the upper age limit for candidates belonging to Scheduled Castes,
Scheduled Tribes, Other Backward Classes and person with disability shall be as
fixed by the State Government from time to time. The
reservation policy as formulated by the State Government from time to time and
as also prescribed by any law for the time being in force shall be followed in
case of direct recruitment. (1) Subject to the provision
of sub-rule (2) of this rule, appointment under rule 6 shall be made by the
Appointing Authority in accordance with the order of preference determined in
me list referred to in clause (iv) of sub-rule (1) of rule 6. (2) The inclusion of a
candidates name in the list mentioned in clause (iv) of sub-rule (1) of rule 6
shall confer no right to appointment unless the Appointing Authority is
satisfied after such enquiry as prescribed by the Government from time to time
and also as may be considered necessary, that a candidate is suitable in all
respects for appointment to the service. (i) The Court Manager, in
case of High Court, shall assist the Registrar General and other Registrars in
the Principal Seat of the High Court, and Court Manager, in case of Judicial
District, shall assist the District Judge of the respective Judicial Districts,
in administrative functioning of the Courts, to enhance efficiency of Court
Management. (ii) The Court Manager in
the High Court and Judicial District shall work under the control of the
Registrar General or the District Judge, respectively. (iii) The Court Manager
shall maintain professional secrecy and shall not divulge any information which
may come to his or her knowledge to any one under any circumstances. Breach of
this condition shall amount to misconduct. (iv) The Court Manager
shall perform the duties enumerated in Schedule-I. (v) In addition to the
duties enumerated in Schedule I, the Court Manager shall discharge and perform
such other duties as may be assigned to him or her by the Registrar General or
the District Judge. (i) A Court Manager shall
be entitled to payment as mentioned in the Schedule II and shall be entitled to
an annual increment of 3% of Basic Pay and also be entitled to such allowances
which are admissible to other Government employees of the same pay scale. (ii) A court Manager shall
be entitled to get one special increment in lieu of promotion on completion of
10, 20 and 30 years of service. The financial up-gradation will involve grant
of one increment in the Pay Band of the Court Manager without changing its
Grade Pay. In case any Court Manager is drawing the highest amount of the Pay
Band, he/she would be granted an increment and the Pay band for this purpose
shall be deemed to have been extended to that extent. (1) Subject to
availability of a permanent vacancy in the cadre, a member shall be placed
according to Seniority on probation against permanent vacancy for a term of 2
(two) years before he is confirmed against the permanent vacancy: Provided
that the period of probation may, for good and sufficient reason, be extended
by the Appointing Authority which shall not, In any case, exceed a period of 3
(three) years. (2) After the completion
of the period of probation to the satisfaction of the Appointing Authority, a
probationer shall be confirmed against permanent post subject to the following
conditions :- (a) He has completed the
period of probation to the satisfaction of the Appointing Authority in
accordance with sub-rule (1); (b) He has successfully
completed training and passed the Departmental exam, if any prescribed by the
Government (3) Notwithstanding
anything contained in these sub-rules, the Appointing Authority may, at any
time during the period of probation, discharge from service, a probationer on
account of his or her unsuitability for the Service. (i) The post of Court
Manager in the Judicial Districts shall be transferable throughout the State of
Assam. (ii) The High Court
reserves the right to transfer a Court Manager from one place to another at any
time. There
shall be no provision for lien in respect of the posts of Court Manager. Every
person appointed to the post of Court Manager shall undergo training in the
Judicial Academy, Assam or in any other institute for such period as may be
determined by the High Court. (1) The appointing
authority shall be the disciplinary authority. (2) Disciplinary
proceedings shall be governed by Assam Services (Discipline and Appeal) Rules,
1964. An
appeal shall lie to the High Court against any final order of the Disciplinary
Authority in a disciplinary proceeding. An appeal shall also lie against an
order of suspension to the High Court. An
appeal under rule 17 shall be filed within a period of thirty days of the
passing of the order: Provided
that the appellate authority may entertain the appeal after the expiry of the
aforesaid period, if it is satisfied that the appellant had sufficient cause
for not preferring the appeal in time. The
Assam Civil Service (Conduct) Rules, 1965, shall be applicable to the post of
Court Manager. Except
as otherwise provided in these rules, every employee working under the High
Court and District Courts shall retire from service on the afternoon of the
last day of the month in which he/she attains the age of 60 years: Provided
that all employees whose date of birth is 1st day of a month, shall retire from
service on the afternoon of the last day of the preceding month on attaining
the age of 60 years : Provided
further that in case State Government takes a policy decision on changing the
age of superannuation, same shall be applicable to the Court Managers. The
High Court shall review the career progress and performance of the member of
the service after completion of 20 years and 25 years service. If the High
Court considers that in public interest any such should retire from service,
he/she shall be compulsorily retired by giving him a notice of not less than 3
(three) months pay and allowances in lieu thereof. (1) Any other matter
which is not specifically provided herein shall be dealt with by the Chief
Justice as per his discretion. (2) Where the Chief
Justice is of the opinion that the operation of any rule causes undue hardship
in a particular case, he may, by order, relax the requirement of that rule to
such extent and subject to such conditions as he may deem it necessary. Except
as provided in these rules all matters relating to pay and allowances, leave,
discipline, pension and other conditions of service shall be regulated by the
general rule and or orders of the Government, for the time being in force. If
any question arises relating to the interpretation of these rules the decision
of the High Court shall be final. The
rules corresponding to these rules and in force immediately before commencement
of these rules, are hereby repealed : Provided
that all orders made or action taken under these rules so repealed or under any
general orders ancillary thereto, shall be deemed to have validly made or taken
under the corresponding provisions of these rules. GAUHATI HIGH COURT
(APPOINTMENT AND CONDITIONS OF SERVICE OF COURT MANAGERS FOR THE STATE OF
ASSAM) RULES, 2018
PREAMBLE