In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of India and in super session of the
existing Rules made in this behalf, the Governor of Gujarat hereby makes the
following rules to provide for regulating the recruitment to the post of Class
I, Class II, Class III and Class IV which are under the control of the High
Court of Gujarat, namely:- These Rules may be called the Non-Judicial
Officers and Staff of the Courts (Recruitment and Conditions of Service) Rules,
2017. They shall come into force from the date of
their publication in the Official Gazette. They shall apply to all the Non-Judicial
Officers and Staff Members belonging to Class I, Class II, Class III and Class
IV service on the establishment of the District Courts of the State, City
Courts at Ahmedabad and Family Courts of the State of Gujarat. For the purpose of these Rules; (A)
"Advisory
Committee" means the Committee as may be constituted by the High Court of
Gujarat. (B)
"Appointing
Authority" means the Principal Judge, City Civil Courts, Ahmedabad; The
Principal District Judge of the District; The Principal Judge, Family Court;
The Chief Judge, Small Cause Courts, Ahmedabad or the Chief Metropolitan
Magistrate, Ahmedabad, as the case may be, for the posts of Gazette Class I,
Class II and Non-Gazette Class III and Class IV services of the Courts. (C)
"Cell"
means the Centralized Recruitment Cell established by the High Court for the
purpose of direct recruitment on various posts which shall be guided by the
Advisory Committee. (D)
".City
Courts at Ahmedabad' means and includes The City Civil Courts, Ahmedabad,
established under The Ahmedabad City Courts Act, 1961 The Small Cause Courts,
Ahmedabad, established under The Presidency Small Cause Courts Act, 1882 and
The Metropolitan Magistrates' Courts, Ahmedabad established under Sec. 16 of
The Code of Criminal Procedure, 1973. (E)
"Courts"
means and includes, all the Courts in the State, established under the
respective Statutes/Acts and falling under Article 235 of the Constitution of
India, except Courts established under The Labor Legislations. (F)
"Departmental
Promotion Committee" means the Promotion Committee comprising of the Head
of the Department and other two members from the cadre of District Judge and/or
Senior Civil Judge, that may be nominated by the Head of the Department, for
considering the promotion of the officers and members of the staff to the
various posts. (G)
"District
Court" means a Court established under The Gujarat Civil Courts Act, 2005. (H)
"Family
Court" means the Court established "under The Family Courts Act,
1984. (I)
"Government"
means the Government of the State of Gujarat. (J)
"Governor"
means the Governor of the State of Gujarat. (K)
"Head
of the Department" means the Principal Judge, City Civil Courts,
Ahmedabad; the Principal District Judge of the District; the Principal Judge,
Family Court; the Chief Judge, Small Cause Courts, Ahmedabad and The Chief
Metropolitan Magistrate, Ahmedabad, as the case may be. (L)
"High
Court" means the High Court of Gujarat. (M)
"Member
of Staff means and includes the Class III and Class IV employees working on the
establishment of the Courts. (N)
"Non-Judicial
Officers" means Class I and Class II officers appointed either by direct
recruitment and/or promoted from amongst the members of the staff of the
Courts. (O)
"Recruiting
Authority" means- (i)
The
Head of the Department for the posts of Class I to Class IV services, to be
filled up by way of promotion and; (ii)
The
Cell established by the High Court for recruitment to the posts to be filled up
by direct recruitment. (P)
"Scheduled
Castes" means such castes, races or tribes or parts of groups within such
castes, races or tribes as are deemed to be Scheduled Castes in relation to the
State of Gujarat under Article 341 of the Constitution of India. (Q)
"Scheduled
Tribes" means such tribes or tribal communities or part of groups within
such tribes or tribal communities as are deemed to be Scheduled Tribes in
relation to the State of Gujarat under Article 342 of the Constitution of India (R)
"Socially
and Educationally Backward Classes" means such castes, classes and groups
as "may be determined by the State Government as Socially and
Educationally Backward Classes from time to time. (S)
"Select
List" means a list showing names of the successful candidates for being
recruited to various posts in any class or category. The Services and posts on the establishment
of the Courts shall be classified as follow; (i)
Class-I
Gazette (ii)
Class-II
Gazette (iii)
Class-III
Non-Gazette (iv)
Class-IV
Non-Gazette. Appointment of non-Judicial officers and
staff Members of the courts shall be made in the manner as indicated in these
rules, either by - (i)
Direct
recruitment or (ii)
Promotion
or (iii)
Deputation. CITY CIVIL COURTS,
AHMEDABAD GAZETTE
OFFICERS, CLASS I (1)
Registrar,
City Civil Courts, Ahmedabad. (2)
Additional
Registrar, City Civil Courts, Ahmedabad. (3)
Executive
Assistant to the Principal Judge, City Civil Courts, Ahmedabad. (4)
English/Gujarati
Stenographer Grade-I. (5)
Deputy
Registrar, City Civil Courts, Ahmedabad. GAZETTE OFFICERS,
CLASS II (6)
English
Stenographer, Grade-II. (7)
Gujarati
Stenographer, Grade-II. (8)
Secretary
to the Principal Judge, City Civil Courts, Ahmedabad Bench Clerk; Grade-I. (9)
Accounts
Officer, City Civil Courts. Ahmedabad, NON-GAZETTE, CLASS
III (10)
Superintendent (11)
Assistant
Superintendent. (12)
Librarian. (13)
Assistant. (14)
Xerox
Operator. (15)
Driver. (16)
Process
Server/Bailiff. NON-GAZETTE, CLASS IV (17)
Havildar. (18)
Book
Binder/Filer/Court Keeper. (19)
Naik (20)
Peon
Watchman Jail Warder Hamal Sweeper/Water Server/Liftman Home attendant -
Domestic attendant. FAMILY COURTS GAZETTE
OFFICERS, CLASS I (1)
Registrar,
Family Court. (2)
Executive
Assistant to the Principal Judge, Family Court. (3)
English/Gujarati
Stenographer Grade-I. GAZETTE OFFICERS,
CLASS II (4)
English
Stenographer, Grade-II (5)
Gujarati
Stenographer, Grade-II (6)
Bench
Clerk, Grade-I. NON-GAZETTE, CLASS
III (7)
Superintendent.
Family Court, Ahmedabad. (8)
Superintendent/Nazir/Record
Keeper. (9)
Senior
Clerk/Assistant Superintendent. (10)
Librarian. (11)
Assistant. (12)
Xerox
Operator. (13)
Driver. (14)
Process
Server/Bailiff. NON-GAZETTE, CLASS IV (15)
Havildar. (16)
Book
Binder/Filer/Court Keeper. (17)
Naik. (18)
Peon
Watchman/Jail Warder/Hamal Sweeper Water Server/Liftman Home attendant-Domestic
attendant. DISTRICT COURTS
GAZETTE OFFICERS, CLASS I (1)
Registrar/Additional
Registrar. District Court; Registrar, Additional District Court. (2)
Executive
Assistant to the Principal District Judge (3)
English/Gujarati
Stenographer, Grade-I. (4)
Registrar,
Senior Civil Court. GAZETTE OFFICERS,
CLASS II (5)
English
Stenographer, Grade II (6)
Gujarati
Stenographer, Grade II. (7)
Secretary
to the Principal District Judge Protocol Officer, District Court Registrar,
Civil Court Bench Clerk Grade-I NON-GAZETTE, CLASS
III (8)
English
Stenographer. Grade III. (9)
Gujarati
Stenographer, Grade III. (10)
Head
Clerk Nazir Bench Clerk, Grade-II. (11)
Senior
Clerk Bench Clerk, Grade-III (12)
Librarian. (13)
Assistant. (14)
Xerox
Operator. (15)
Driver. (16)
Process
Server/Bailiff. NON-GAZETTE, CLASS IV (17)
Havildar. (18)
Book
Binder/Filer Court Keeper. (19)
Naik. (20)
Peon
Watchman Jail Warder Hamal Sweeper Water Server/Liftman Home attendant -
Domestic attendant. SMALL CAUSE COURTS,
AHMEDABAD GAZETTE OFFICERS, CLASS I (1)
Registrar/Deputy
Registrar, Small Cause Courts, Ahmedabad. GAZETTE OFFICERS,
CLASS II (2)
English
Stenographer, Grade-II. (3)
Gujarati
Stenographer, Grade-II. NON-GAZETTE, CLASS
III (4)
Superintendent
Bench Clerk, Grade-II (5)
Assistant
Superintendent (6)
Librarian. (7)
Assistant. (8)
Xerox
Operator. (9)
Driver. (10)
Process
Server/Bailiff. NON-GAZETTE, CLASS IV (11)
Havildar. (12)
Book
Binder/Filer Court Keeper. (13)
Naik. (14)
Peon
Watchman Jail Warder Hamal/Sweeper/Water Server/Liftman/Home attendant -
Domestic attendant. METROPOLITAN
MAGISTRATES' COURTS, AHMEDABAD GAZETTE OFFICERS, CLASS I (1)
Registrar/Additional
Registrar, Metropolitan Magistrates' Courts, Ahmedabad. GAZETTE OFFICERS,
CLASS II (2)
English
Stenographer, Grade-II. (3)
Gujarati
Stenographer, Grade-II, NON-GAZETTE, CLASS
III (4)
Superintendent
Bench Clerk, Grade-II (5)
Assistant
Superintendent. (6)
Librarian. (7)
Assistant. (8)
Xerox
Operator. (9)
Driver. (10)
Process
Server Bailiff. NON-GAZETTE, CLASS IV (11)
Havildar. (12)
Book
Binder Filer Court Keeper. (13)
Naik. (14)
Peon/Watchman
Jail Warder/Hamal/Sweeper Water Serarer/Liftman Home attendant-Domestic
attendant. PART-IV
GENERAL CONDITIONS Each year, the Head of the Department of the
Courts shall send, to the Registrar of the Cell, by 1st June of the year, the
requisition of the requirement of the posts to be filled up by direct
recruitment, indicating clear vacancies category-wise as on 1st May of the
year, as well as future vacancies likely to occur by the next year between the
month of June and May, due to the retirement, promotion, creation of new posts
owing to anticipated development or otherwise, in the prescribed proforma. Such
calculation shall also include vacancy of reserved posts. On receipt of such requisition of posts, the
Cell shall take necessary steps to notify the total vacancies, Entire process
of recruitment shall be governed by these Rules as well as the guidelines and
the instructions issued by the High Court Advisory Committee from time to time
in that behalf, for making recruitment to the post in question. Any procedural
steps not forming part of these-Rules, shall be decided by the High
Court/Advisory Committee. The Advisory Committee constituted by the
High Court may instruct in general or in particular, for the recruitment
process to be undertaken by the Cell. The Select List and Wait List shall be
prepared by the Cell of the High Court on the basis of the merits of the
candidates, which shall contain names of successful candidate's to the extent
notified in the advertisement. The Cell shall thereafter allot the
successful candidates on the basis of the vacancies notified in different
districts, bearing in mind the preferences given by the selected candidates.
The preference, however, would not give vested right to a candidate to insist
for being posted in a particular District. The Cell shall also compute total
vacancies for wait listed candidates which shall be 10% of total vacancy. The
wait list shall be maintained for the entire State and allotment of candidates
from the Wait List shall be made according to the requirement. Any Select List and Wait List prepared by the
Cell, shall be final and continue to remain in force until the posts advertised
are filled-up or for the period of one year from the date of its publication on
the High Court website, whichever is earlier. Reservation in direct recruitment promotion
in various categories and classes of posts on the establishment of the Courts
with regard to the Scheduled Castes, the Scheduled Tribes, the Socially and
Educationally Backward Classes, Differently Abled Persons, Women and Ex-Service
Men shall be in accordance with the prevailing Rules/Orders of the Government. The appointments to any post in Gazette Class
I and Class II as well as Non-Gazette Class III and Class IV services, either
by promotion or by direct recruitment, shall be made by the Head of the
Department of the Court concerned, in view of the provisions of these Rules or
from the list prepared and forwarded to them by the High Court. The persons borne on the establishment of the
Courts shall draw such pay scale as are indicated in Schedule-A to these Rules
or as may be fixed or prescribed from time to time by the Government A person shall not be eligible for
appointment on the establishment of the Courts on any posts unless he possesses
the qualifications and fulfill the requirements of such posts as are indicated
in Schedule-B to these Rides. The lower and upper age limit of the
candidates for appointment by direct recruitment on the establishment of the
Courts shall be as prescribed in Schedule-B to these Rules. The upper age limit may be relaxed in case of
candidates belonging to Scheduled Castes, Scheduled Tribes, Socially and
Educationally Backward Classes, Differently Abled Persons, Women and Ex-Service
Men, as per the prevailing Government Rules Orders. The upper age limit may also be relaxed in
favor of the employees of the State and on uniform basis, as provided in The
Gujarat Civil Services Classification and Recruitment (General) Rules, 1967. The age of retirement of the Non-Judicial
Officers and Staff Members of the Courts, shall be as per the provisions
contained in Chapter-III of The Gujarat Civil Services (Pension) Rules, 2002. Inter se seniority of two or more persons
appointed on the same post in a class or category on the establishment of the
Courts simultaneously will, notwithstanding the fact that they may join or
assume duty of their appointment on different dates, shall be determined:- (i)
In
the case of those promoted, by their relative seniority in the lower service,
class, category or grade; (ii)
In
the case of those recruited directly, as per the list prepared by the Cell,
subject to fulfillment of the condition that the candidate joins his duty
within the prescribed time as per the appointment order and also satisfy the
other norms for confirmation as provided under the relevant Rules of the
Government; (iii)
In
any class or category of posts which provides for appointment both by promotion
as well as by direct recruitment, the direct recruits shall rank senior to
promotes. Notwithstanding anything contained in these
Rules, an Employee appointed to any post in Class I, Class II, Class III and
Class IV services by direct recruitment, shall be on probation for the period
as provided in The Gujarat Civil Services Classification and Recruitment
(General) Rules, 1967. In case of promotion to any post in Class-I
and Class-II services, he/she shall be on probation for a period of one year
from the date of such promotion. If it appears at any time during or at the
end of the probation that the services of the concerned employee are not found
satisfactory, his services may be dispensed with, in case of a direct recruiter
or be reverted to the substantive post in case of a promote, without any prior
notice. The period of probation provided in this rule
may, in case of any particular person, be extended by the Appointing Authority. Each person appointed by direct recruitment
on the establishment of the Courts shall be required to produce a medical
certificate of fitness in accordance with the provisions contained in the
Gujarat Civil Services (General Conditions of Services) Rules, 2002. To be eligible for appointment to any post in
Gazette Class I and Class II as well as Non-Gazette Class III services, either
by direct recruitment or by promotion on the establishment of the Courts, a
candidate must possess a certificate regarding basic knowledge of computer in
accordance with the provisions of The Gujarat Civil Services Classification and
Recruitment (General) Rules, 1967 and/or the Gujarat Civil Services Computer
Competency Training and Examination Rules, 2006 as the case may be or as
applicable. After appointment on the establishment of the
Courts, the staff members concerned, shall require to pass, within the
prescribed time limit, the departmental examinations as provided at Rule 569 of
"The Civil Manual, 1960". If such a Member of the Staff fails to pass
the Examination within the chances and the period specified in above referred
Rule-569, his increments shall, after the expiry of the specified chances and the
specified period, be withheld until he passes the examination. Any increment withheld as above shall become
payable to him/her from the date on which he she passes the examination and all
future increments shall accrue to him/her as if no increments had been
withheld. Provided that such member of the staff shall
not be entitled to claim the arrears of pay which were lost to him/her by
reason of the increments having been so withheld. A member of the staff shall be required to
pass an examination in Hindi or Gujarati or both in accordance with the rules
prescribed by the Government from time to time in this behalf. A member of the staff shall have to undergo
such Training as may be prescribed by the High Court and instructions issued
thereof, from time to time. In case of death of an employee belonging to
Class-III or IV services, his dependents shall be given benefits in accordance
with the prevailing Rules/Policy of the Government. The High Court at its discretion may appoint
any person on the establishment of Courts, on deputation from any source. The
High Court may, in appropriate case, permit an Officer or Member of the Staff
to go on deputation, outside the Courts, for such period as it may consider
appropriate. (i)
Where
an appointment to any post is to be made by promotion, no employee shall be
entitled to such promotion on the ground of seniority alone. No such
appointment shall be made unless in addition to seniority, the employee to be
appointed is found to be fit for such promotion. (ii)
No
one shall be promoted to higher post unless he passes the requisite
departmental examination as well as qualifying examination for Computer
knowledge. (iii)
Promotion
to any post in any class or category on the establishment of the Courts, shall
be made by the Head of the Department in view of the Provisions of Rules 523
and 524 of the Civil Manual, 1960 as well as, as per the provisions made in
Schedule - B to these Rules. However, prior approval of the High Court shall be
required to be obtained for Class I posts. However, where the Appointing Authority is
satisfied that a person having the experience specified, is not available for
promotion and that it is necessary in the public interest to fill up the post
by promotion even of a person having experience of a lesser period, it may, for
reasons to be recorded in writing, promote such person who possesses experience
of a period of not less than two-thirds of the period specified. The employee appointed as
Registrar/Additional Registrar/Deputy Registrar on the establishment of Courts,
shall be posted to any Court and may be transferred on completion of five years
at one station to any other such Court, by the High Court. All other Non-Judicial Officers and Members
of Staff in Class I to Class IV services may be transferred within the District
Court or Family Court or City Courts, as the case may be, by the Head of the
Department, on completion of three years at one station/place. An employee may
be retained for a longer period than prescribed, for administrative exigency
and in public interest. However, High Court may transfer any employee
to an equivalent post in respective class or category, to any other Court
including Industrial Courts and Labour Courts of the State, on administrative
ground or otherwise. The conditions of service of Court employees
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 employees,
holding corresponding posts in the Government, which are not inconsistent with
these Rules, shall regulate the conditions of service of Court employees
subject to such modifications, variations, and exceptions, if any, in the said
Rules and Orders, as the High Court may from time to time specify. If any question arises as to which Rules or
Orders are applicable to the case of any particular person serving on the
establishment of the Courts and as to interpretation thereof, it shall be
decided by the High Court and its decision shall be final. The matters of conduct of the Members of the
Staff of the Courts shall be governed by the Gujarat Civil Services (Conduct)
Rules, 1971 and the Gujarat Civil Services (Discipline & Appeal) Rules,
1971 as amended time to time. All the Non-judicial Officers and Members of
the Staff working on the establishment of the Courts, shall be under the direct
control and superintendence of the High Court. Not with standing anything contained in these
rules, the High Court may, in the interest of administration of justice:- (i)
permit
the appointing authority to appoint a person to any services or post by method
other than that prescribed under these rules, or (ii)
relax
any of the provisions of these rules. The Rules of Recruitment of candidates to
Class-I, Class-II, Class-III and Class-IV services in the Courts as well as the
instructions issued by the High Court and Government from time to time with
regard to recruitment to any post in any Class or Category, shall hereby stand
repealed. Provided that such repeal shall not affect the previous operation of
the rules/instructions so repealed or anything done or any action taken there
under.NON-JUDICIAL
OFFICERS AND STAFF OF THE COURTS (RECRUITMENT AND CONDITIONS OF SERVICE) RULES,
2017
PREAMBLE