The Chief Justice of the High Court of Sikkim in
exercise of the powers conferred under Article 229 of the Constitution of India
and all other powers enabling him in this behalf, with the approval of the
Governor so far as the rules relate to salaries, allowances, leave or pension,
is pleased to make the following rules regulating the appointment, conditions
of service and conduct of officers and servants of the High Court. (1) These rules shall be called "The High Court of Sikkim (Recruitment,
Conditions of Service and Conduct) Rules, 1998". (2) These rules shall come into force with immediate effect. (3) These rules shall apply to all officers and staff of the Court appointed
to various posts before, on or after the coming into force of these rules: Provided that the appointment of officers and staff
made before the commencement of these rules shall be deemed to have been made
under these rules and shall not be adversely affected thereby. In these rules, unless the context otherwise
requires: (a) "Administrative Judge" means any Judge who is nominated by the
Chief Justice either generally or by a special order to deal with any matter
connected with the establishment of the High Court; (b) "Chief Justice" means the Chief Justice of the High Court of
Sikkim and includes any Judge appointed by the President under Article 223 to
perform the duties of the Chief Justice; (c) "Constitution" means the Constitution of India, (d) "Court" means the High Court of Sikkim; (e) "Competitive Examination" means the examination in which
papers, other practical tests like typing, stenography etc. and viva voce test
or other tests as may be prescribed by the Chief Justice from time to time for
different posts; (f) "Disciplinary Authority" in relation to imposition of a
penalty on an Officer/Court staff means the authority competent under these
rules to impose on him that penalty; (g) "Governor" means the Governor of Sikkim; (h) "Member of Superior Judicial Service" means any member holding
any post on the Cadre of Superior Judicial Service; (i) "Member of Sikkim Judicial Service" means any member holding
any post on the Cadre of Sikkim Judicial Service; (j) "Member of the Establishment" means any person holding office
against any post on the establishment of the Court; (k) "Officer of the Court" means an officer of the High Court and
"Court Staff means an official appointed to, or borne on the cadre of the
staff of the High Court shown in the First Schedule as amended from time to
time; (l) "Post" means a post as specified in the First Schedule as
modified from time to time by the Chief Justice in he pursuance of powers
delegated by the State Government or created in consultation with the State
Government where necessary; (m) "Promotion" means promotion to a post or class of posts based
on seniority cum merit (n) Recognized university, means any University
incorporated by Law in India (n) "Registrar General" means the Registrar General of the High
Court o/Sikkim which includes Registrar (Judicial) (o) "Selection" means promotion to a post or class of posts by
selection based on merit, with due regard to seniority;, (p) "Schedule" means a Schedule to these rules; (q) "State Government" means the Government of Sikkim: PART II STRENGTH, APPOINTMENT AND CONDITIONS OF SERVICE The establishment of the High Court shall consist,
of posts specified in Schedule I to these rules as modified from time to time
by the Chief Justice; in by the State Government and the scales of pay to which
the holders of the said post shall be respectively entitled shall be those
specified in the sixth column of that Schedule as allowed from time to time by
the State Government to the Government Servant A candidate for appointment to any post on the
establishment of the High Court must be: (i) a citizen of India Provided that
no person, (a) who has entered into or contracted a marriage with a person
having a spouse living; or (b) who having a spouse living has entered into or
contracted a marriage with another person shall be eligible for appointment as
officer or staff of the High Court, (ii) not less than 18 years of age as on
the first day of January of the recruitment year and not more than 30 years of
age on the last day of the year. However, in the case of a candidate belonging
to Scheduled Caste, Scheduled Tribe, Backward Class or who is an ex-serviceman,
the upper age limit relaxation shall be the same as may from time to time be
prescribed by the State Government for entry into service for such candidate
(5). The Chief Justice may relax the upper age limit of a departmental
candidate competing for direct recruitment. The qualification for recruitment to any post or
class of posts shall be as specified in the Second Schedule, provided that the
Chief Justice may in very exceptional cases; by special order, relax the
qualifications as aforesaid. (a) Appointment to a post or to a
class of posts may be made by the mode as prescribed in the Second Schedule. (b) When the appointment is to be
made by promotion on the basis of seniority-cum-merit the selection will be
made either on the basis of service record of the eligible officer/staff,
and/or written examination as may be prescribed by the Chief Justice. Provided that where the Chief Justice considers it
appropriate a Committee may be constituted by him for making its recommendation
for die proposed selection. (c) When the appointment is to be
made by direct recruitment, the selection will be made on the basis of competitive
examination as may be prescribed by the Chief Justice. (d) Any vacancy arising in the High
Court establishment shall be filled in the manner provided in Schedule II. Explanation 1 Where the posts are required to be filled in partly
by promotion and partly by direct recruitment, the recruitment shall be made in
accordance with the roster maintained for the post (s) under these rules; In case required number of suitable candidates is
not available to fill up all posts in each category the shortfall shall be made
good for the time being in the manner as may be prescribed by the Chief
Justice. Explanation 2 The notice inviting applications for direct
recruitment shall be published as follows: (a) By affixation on the Notice Board
of High Court and Courts Subordinate thereto; (b) By sending notice to the
Employment Cell of the Department of Personnel, Adm. Reforms & Training,
Government of Sikkim; and (c) By publication in local newspaper
(dailies) of different languages as may be directed by the Chief Justice. (a) Every person appointed to a post
by direct recruitment shall be on probation for a period of one year from the
date of joining the post. (b) Every Officer or staff of 'the
Court appointed to a post by promotion shall be on probation for a period of
one year. Provided that the period of probation, if so
warranted, may be extended by the order of the Chief Justice (c) A person on probation shall be
liable to be discharged from service without assigning any reason Provided that
if he holds a lien on any permanent post under the High Court he shall be
liable to be reverted to that post. (d) A person on probation who holds a
lien on any permanent post may if he so desires during the period of probation
have the option to revert back to his permanent post after giving due notice. Any officer or staff appointed on probation may be
confirmed by the Chief Justice on satisfactory completion of 'his initial or
extended period of probation subject to the availability of permanent post. (a) Where it is expedient to fill a
vacancy in any post and undue administrative inconvenience is anticipated in
filling up that post on regular basis, the Chief Justice may fill up the
vacancy by appointing a suitable person on ad-hoc basis until regular
appointment. (b) (i) A person appointed under
sub-rule (a) shall be replaced as soon as possible by a candidate appointed on
regular basis under these rules (1) Persons appointed in a
substantive or officiating capacity to a post or class of post (s) on the date
immediately preceding the date on which these rules came into force, shall
retain the relative seniority already assigned to them. (2) Subject to the provisions of
sub-rule (1) and (3) of these rules, permanent members of each post or class of
post (s) shall rank senior to persons holding such post in temporary or
officiating capacity. (3) Notwithstanding the provisions of
sub-rule (2) the above relative seniority of the direct recruits shall be
determined by the order of merit in which they are selected for appointment; Provided that where the persons appointed on
probation are confirmed subsequently in an order different from the order of
merit indicated at the time of their appointment, seniority shall follow the
order of confirmation and not the original order of merit. (4) The relative seniority of persons
promoted to the various post(s) or class of post(s) shall be determined by the
order of their appointment to such post(s) provided that where persons promoted
initially on temporary basis are confirmed subsequently in an order different
from the order indicated at the time of the promotion, seniority shall follow
the order of confirmation and not the original order of merit. Explanation- (a) Where promotions are made on the
basis of selection the seniority of such promotees in such post shall be in the
order of merit determined by the appointing authority. (b) Where promotions are made on the
basis of seniority subject to fitness and merit, the seniority of persons considered
fit for promotion at the same time shall be the same as their relative
seniority in the lower grade form which they are promoted. Where however, a
person is considered as unfit for promotion and is superseded by a junior, such
person shall not, if he is subsequently found suitable and promoted, take
seniority in the higher post over the junior person who had superseded him. (5) The relative seniority of direct,
recruits and promotees shall be determined according to the roster maintained
for this purpose. (6) In case of any dispute regarding
seniority the same shall be decided by the Chief Justice whose decision shall
be final. (1) All matters o/appointments,
promotions and seniority of the members of the Non-Gazetted staff of the High
Court Establishment shall be decided by the Administrative Judge or by the
Registrar General, if so authorised, and those of 'the Gazetted staff by the
Chief Justice or by the Administrative Judge, if so authorised by the Chief
Justice. (2) In all matters relating to
seniority, leave, promotion, pension and other matters regarding the conditions
of service for which no provision or insufficient provision has been made in
these rules, the rules and orders for the time being in force and applicable to
the Government servants appointed to corresponding or comparable Civil Services
and posts in connection with the affairs of the State of Sikkim, shall apply; mutatis
mutandis to the members of the establishment subject to such modifications,
variations and exceptions, if any, as the Chief justice may from time to time
specify; Provided that the powers exercisable under the said
rules and orders by the State Government or any authority not lower than the
State Government, shall be exercisable by the Chief Justice or by such person
as he may, by general or special order, direct and that powers exercisable
under the said rules and orders by any other authority shall be exercisable by
such persons. Provided that the scales of pay and dearness and
other allowances including compensatory allowances and house rent allowance
granted to the members of the Establishment shall continue to be governed by
the rules and orders of Sikkim Government in force on the date of enforcement
of these rules,; Provided that it shall be competent for the Chief
Justice to revise from time to time scales of pay and allowances of the
employees of this Court so as to bring them at par with the scales of pay and
allowances which may be sanctioned by the Government of Sikkim from time to
time for the corresponding or comparable categories of employees. Any question arising as to which rules or orders
are applicable to the case of any person serving on the establishment of the
High Court shall be decided by the Chief Justice, An appeal shall lie against all orders passed by
the Registrar under the forgoing rules, to the Chief Justice, who may either
dispose it of himself or make it over to the Administrative Judge. If an order
is passed by the Administrative Judge, an appeal shall lie to the Chief
Justice. The order of the Chief Justice passed whether in appeal or at the
first instance shall be final, subject to the power of review, which may be
exercised in exceptional cases of hardship or injustice. (1) Control and Discipline In
particular and without prejudice to the generality of this rule, the Sikkim
Government Servants' Discipline and Appeal Rules, 1985, as amended from time to
time, shall apply in matters of discipline and punishment subject to the
following modifications: (i) The expression "Government
Servant" occurring in these rules, shall be construed to mean the officers
and members of the High Court staff; (ii) The words "Governor" or
"Government" wherever appearing in these rules shall be construed to
mean the "Chief Justice". ' (iii) For the Schedule, the following
Schedule shall be substituted: Class of Officer Disciplinary Authority Powers to exercise Appellate Authority All Gazetted Grades Chief Justice or Administrative Judge All if so
authorised. Chief Justice if the order is passed by
Administrative Judge and Full Court if the order is passed by the Chief
Justice. All Non-Gazetted Grades Administrative Judge All or Registrar General if
so authorised. Chief Justice or Administrative Judge if so
authorised. (2) Nothing in these rules shall
debar the Chief Justice from altering on appeal or otherwise an order In very exceptional cases where the Chief Justice
is satisfied that the operation of any rule causing undue hardship in any
particular case, he may by order dispense with or relax the requirements of
that rule to such extent and subject to such conditions as he may consider
necessary for dealing with the case in a just and suitable manner, provided
that the case is not dealt with in a manner less favorable to the officers or
officials concerned than in accordance with the rules. PART III
MISCELLANEOUS Notwithstanding anything contained in any other
rule for the time being in force; the High Court, wherever it receives any
requisition/deputation proposal from any statutory establishment or Government
Department it may recommend the names of such officer/staff as may be decided
by the Chief Justice of the High Court for the purpose of being sent on
deputation to such statutory establishment or Government Department and the
Government Department' or the statutory establishment on receipt of such
recommendation of names of officer/staff of the High Court may at its
discretion appoint such staff/officer on deputation. Where, however, the
Government Department or a statutory organisation has decided to appoint and
subsequently regularize the services of such officer/staff or absorb in the
said Department/Government Establishment it shall communicate its decision in
this regard to the High Court for issue of No objection Certificate and the
High Court on receipt of such communication may either issue No Objection
Certificate or may recall a staff/officer on the expiry of period of
deputation. Provided further that where no objection
certificate has been issued in respect of an officer/staff of the High Court
and his/her service has been regularized in the Department/statutory
establishment where he/she was on deputation, such staff/officer would be
deemed to have ceased to be staff/officer on the High Court Establishment for
all purpose. Notwithstanding anything contained in any other
Rule for the time being in force, the Chief Justice may appoint officer or
staff of any category on deputation from any Government Department or statutory
establishment for such specified period as may be determined by the Chief
Justice and may extend to or curtail the period of deputation or may consider
absorption of such staff or officer in the High Court Establishment, provided
that in the event of a decision to absorb such staff or officer in the High
Court Establishment the same shall be done only after obtaining the consent of
the officer/staff concerned and with due clearance from the lending Department
or parent Department. An questions relating to the interpretation of
these rules shall be referred to the Chief Justice whose decision thereon shall
be final. If any difficulty arise in giving effect to any of
the provisions of these rules, the Chief Justice may by order in writing do
what appears to him to be necessary for the purpose of removing the difficulty. Nothing in these rules shall be deemed to affect
the powers of the Chief Justice to pass such orders from time to time as he may
deem fit, in regard to matters as have not been provided for or not been
sufficiently provided for in these Rules. All officers having any dealing, with public money
holding any of the following posts shall on-appointment give such security as
the Registrar may from time to time prescribe: (i) Court Officer (ii) Accounts Officer (iii) Senior Accountant (iv) Librarian (v) Accountant (vi) Junior Accountant (vii) Copyist (viii) Assistant in charge of stationary. Save as provided hereunder, the High Court
Establishment (Appointment and Conditions of Service) Rules, 1979 are hereby
repealed: Provided that any reference in any order to the
provision of the repealed rules shall unless a different intention appears from
the context, be construed as a reference to the corresponding provision of
these rules; Provided further that the repeal of the 1979 Rules
shall not except as expressly provided in these rules:- (a) affect the approval of the Governor so far as the rules relate to salaries,
allowances, leave or pensions (b) revive anything not in force or existing at the time at which the repeal
takes effect; or (c) affect the operation of any previous order or decision given under the
Rules so repealed or any thing duly done or suffered there under; or (d) affect any right, privilege, obligation or liability acquired, accrued
or incurred under the 1979 rules; or (e) affect any penalty, or punishment incurred or inflicted under the 1979
rules; or (f) affect any investigation, legal proceedings or remedy in respect of any
such right, privilege, obligation, liability, penalty or punishment as
aforesaid.HIGH COURT OF SIKKIM (RECRUITMENT,
CONDITIONS OF SERVICE AND CONDUCT) RULES, 1998
PREAMBLE