SERVICE RULES OF THE HIGH COURT FOR THE STATE OF TELANGANA, 2019

PREAMBLE

In exercise of the powers conferred by Article 229(1) and (2) of the Constitution of India and of all other powers hereunto enabling and in supersession of all the existing rules on the subject, the Chief Justice hereby makes the following rules to regulate the method of recruitment and other conditions of service of the members of the service of the High Court for the State of Telangana.

Rule - 1. Short title, commencement and extent.

(1)     These rules may be called the Service Rules of the High Court for the State of Telangana, 2019.

(2)     They shall come into force on the date of publication in the Gazette of the State of Telangana.

Provided that for the purposes of fixation of pay under the High Court Officers and Staff Scales of Pay Rules, 1975, these rules shall be deemed to have come into force on the 1st January, 1974.

(3)     They shall apply to all persons appointed to the Service before, on or after the said date.

 

(4)     When a post is created as a temporary post, in addition to the cadre of the service in any division or Category thereof, the rules applicable to holders of permanent posts borne on the said cadre shall apply to the holder of the said temporary post.

Explanation:-In this sub-rule, the expression "the holder of the said temporary post" shall mean the person counted against the said temporary post.

Rule - 2. Definitions.

For the purpose of these rules

(1)     "Appointed to the Service" means a person is said to be "appointed to the service" when, in accordance with these rules or in accordance with rules applicable at the time, as the case may be, he/she discharges for the first time the duties of a post borne on the cadre of the service or commences the probation prescribed for the members thereof;

 

(2)     "Approved Probationer" means a member of the service who has satisfactorily completed his/her probation and awaits appointment as a full member of the service, division, category, sub-category or post, as the case may be;

 

(3)     "Chief Justice" means the Chief Justice of the High Court.

 

(4)     "Duty":-

A person is said to be "on duty" as a member of the Service:

(a)      When he/she is performing the duties of a post borne on the cadre of the service or undergoing probation;

 

(b)      When he/she is on joining time, or

 

(c)      When he/she is absent from duty during vacation or on authorised holidays or on Casual Leave, taken in accordance with the instructions regulating such leave, having been on duty immediately before and immediately after such absence;

 

(5)     "Full Member" means a member of the service who has been appointed substantively to a permanent post borne on the cadre thereof;

 

(6)     "High Court" means the High Court for the State of Telangana.

 

(7)     "Member of the Service" means a person who has been appointed to the service and who has not retired or resigned, or who has not been removed or dismissed, or substantively transferred or reduced to another service, or who has not been discharged otherwise than for want of a vacancy. He/She may be a probationer, an approved probationer or a full member of the service;

 

(8)     "Probationer" means a member of the service who has not completed his/her probation;

 

(9)     "Promotion" means the appointment of a member to a post in the service on a higher scale of pay;

 

(10)   "Recruited Direct": -

A candidate is said to be "recruited direct" to the service when at the time of his/her first appointment thereto, he/she is neither a full member or an Approved Probationer in this or any other service;

(11)   "Recruitment by Transfer": -

A candidate is said to be "recruited by transfer" to the service when at the time of his/her first appointment thereto, he/she is either a full member or an Approved Probationer in another service;

Provided that whenever the words "any other service" occurs it shall include and be construed as any other service in India;

Provided further that when a candidate is appointed by transfer from any other service, other than the Telangana State Services, it shall be on tenure basis for a fixed term or terms.

(12)   "Scheduled Castes", "Scheduled Tribes" and "Backward Classes" means the communities mentioned in the State and Subordinate Service Rules.

Rule - 3. Constitution.

The Service shall consist of the following divisions, categories and sub-categories of Officers, namely:

DIVISION - I (GAZETTED POSTS)

DIVISION - II

(NON-GAZETTED)

DIVIS ON - III

(MISCELLANEOUS POSTS)

Rule - 4. Appointing Authority.

(1)     The appointing authority shall be:-

(a)      for all categories in Division I, the Chief Justice;

 

(b)      for all categories in Division II and III, the Registrar (Administration)

(i)       Provided that re-appointment to any such post in Categories 5 and 6 of Division I, in accordance with Rule 13 (2), shall be by the Registrar (Administration);

 

(ii)      Provided that the Registrar (Administration) may transfer any member of the service in Categories 5 and 6 in Division I from one post to any other post in the same category.

 

(2)     The Registrar (Administration) shall exercise his/her power of appointment subject to the control of the Chief Justice.

Rule - 5. Method Of Appointment To The Service.

(1)     Appointment to the posts and categories mentioned in Column (1) of the table below shall be made in the manner specified against them in Column (2) thereof, while following the procedure prescribed in Schedule IV in respect of appointments by direct recruitment.

TABLE

(2)     The Chief Justice may determine the proportion of vacancies to be filled by each method where appointment to any category or post is provided by more than one method in sub-rule (1).

(2a) Notwithstanding the above Rule , The Chief Justice shall have full discretion and liberty to decide upon which method of appointment to take recourse to, at the time of filling up any vacancy in any Category of posts in the service.

(3)     Seniority:-

(a)      The seniority of a member of the service in a category or post shall, unless he/she has been reduced to a lower rank as a punishment, be determined by the date of his/her first appointment to the service, category or post. Where any difficulty or doubt arises in determining the seniority, it shall be determined by the appointing authority. If any portion of the service of such person does not count towards probation under Rule 16, his/her seniority shall be determined by the date of commencement of the service, which counts towards probation.

 

(b)      The appointing authority may, at the time of passing an order appointing two or more persons to a category of the service by direct recruitment, fix their inter-se seniority as per merit.

 

(c)      Where a member of any division or category is reduced to a lower division or category, he/she shall be placed at the top of such lower division or category, unless the authority ordering such reduction otherwise directs.

Rule - 6. Reservation of Appointments.

In making appointments by direct recruitment to each of the categories, the reservation prescribed in respect of Scheduled Castes, Scheduled Tribes and Backward Classes in the State and Subordinate Service Rules shall be followed.

Rule - 7. Qualifications.

(1)     No person shall be eligible for appointment to the service by direct recruitment, unless he/she satisfies the following:

(a)      that he/she is of sound health, active habits and free from any bodily defect or infirmity rendering him /her unfit for the service;

 

(b)      that his/her character and antecedents are such as to qualify him/her for the service;

 

(c)      that he/she has completed the age of 18 years but has not attained the maximum age limit as prescribed by the State Government from time to time in the State and Subordinate Service Rules for direct recruitment, provided that:

(i)       the maximum age limit prescribed shall be raised uniformly by 5 years in the case of a candidate belonging to any of the Scheduled Castes, Scheduled Tribes, or the Aboriginal Tribes in the Agency Areas and Backward Classes specified in the State and Subordinate Service Rules for direct recruitment to the service;

(ii)      the Chief Justice may, at his/her discretion, relax the age rule, if he/she considers it necessary in individual cases;

(2)     (a) No person shall be eligible for appointment to the service by direct recruitment, in Category-5 of Division-I unless he/she holds a degree in Arts or Science or Commerce or any other Degree equivalent to such qualification and a Degree in Law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or from any institution recognized by the University Grants Commission. Preference will be given to those who have Computer skills.

(b) No person shall be eligible for appointment to the service by direct recruitment, promotion or transfer in Category 6 of Division I unless he/she holds a degree in Arts or Science or Commerce or Law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or from any institution recognized by the University Grants Commission or any other degree equivalent to such qualification;

(3)     No person shall be eligible for appointment to the Service by direct recruitment or by transfer in Division II;

(a)      in Category 3, except to the post of Computer Operators and U.D. Stenos, unless he/she holds LL.B. Degree (5 years course) or LL.B. Degree ( 3 years course) and also a degree in Arts or Science or Commerce of a University in India established or incorporated by or under Central Act, Provincial Act or a State Act or from any Institution recognised by the University Grants Commission.

 

(b)      No person shall be eligible for appointment or promotion as a Computer Operator / U.D. Steno (Category - 3(b) and 3(d)) unless he/she holds a Degree in Arts, Science, Commerce or Law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or from any Institution recognised by the University Grants Commission.

 

(c)      in Categor 4 and 5 unless he/she holds a degree in Arts or Science or Commerce or Law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or from any Institution recognised by the University Grants Commission or any other degree equivalent to such qualification;

 

(d)      No person shall be eligible for appointment to the service in Category 3 of Division III by any method unless he/she possesses the minimum general educational qualification that may be prescribed by the Governor of Telangana State from time to time for appointment to the category of Record Assistant in the Telangana General Subordinate Service or such other qualifications as may be considered by the Chief Justice to be equivalent to such qualification.

Provided that the above qualification shall not apply for promotion in respect of persons working in the categories - 4 and 5 of Division -III, i.e.Jamedars, Daffedars, and Office Subordinates who have passed 6th class and have put in a service of Six Years.

(4)     (a) No person shall be eligible for appointment to the service in Category 5 of Division III (Office Subordinate) unless he/she possesses the minimum educational qualification i.e., a pass in 7th class or equivalent examination. Candidates who failed 10th class will be considered but those who have higher qualifications than that shall not be considered.

Provided the Chief Justice shall have the power to consider relaxation of qualifications, age etc., in respect of the contingent employees and outsourced employees working in High Court as on the date of coming into force of these rules, for appearing in the written examination/test for appointment to the post of Office Subordinate.

(5)     (a) No person shall be eligible for promotion to Category 4 in Division I unless he/she holds a degree in Law of a University in India established or incorporated by or under a Central Act, Provincial Act, or a State Act or from an Institution recognised by the University Grants Commission;

(b) No person shall be eligible for promotion to Categories 1 or 3 of Division II unless he/she holds a Degree in Arts, Science, Commerce or Law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or from any Institution recognised by the University Grants Commission:

(c) Members of Categories 2 or 3 Division III, not holding degree qualification, may be promoted to Category 4 of Division II, provided they possess the minimum general educational qualification and have put in, ordinarily not less than five years of service.

(d) No person shall be eligible for promotion to Category 5 of Division II unless he/she possesses the minimum general educational qualification referred to in clause (c) of sub-rule (3), above.

(6)     (a) No person who has more than one wife living shall be eligible for appointment by direct recruitment to the service;

(b) No member of the service who has a wife living shall contract another marriage notwithstanding the fact that such subsequent marriage is permissible under the personal law for the time being applicable to him/her;

(c) No female candidate who has married a person having already a wife living shall be eligible for appointment to the service by direct recruitment;

(d) No female member of the service shall marry any person who has a wife living.

Rule - 8. Special Qualifications.

(1)     (a) No person shall be eligible for appointment as a full member in Categories 1 to 4 of Division I unless he/she qualifies himself/herself in the Accounts Test for Executive Officers within the period of Probation:

Provided that a person who has already passed Part I of the Accounts Test for Subordinate Officers, shall not be required to pass the Accounts Test for Executive Officers.

(b) A person appointed in Category-5 of Division-I by way of direct recruitment shall pass the departmental tests viz., Accounts Test for Subordinate Officers Part-I and Translation Test within a period of two years from the date of appointment.

(c) No person shall be eligible for appointment to categories 5 and 6 of Division I or in any category in Division II specified in Column (1) of the Schedule I to these rules, unless in addition to the qualifications prescribed in Rule 7, he/she possesses 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 a person appointed by direct recruitment shall pass the prescribed special tests within the period of probation, if he/she has not already passed.

(2)     For the purpose 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.

(3)     Security: -

(a)      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)       Accounts Officer Rs. 5000/-

(ii)      Assistant at the Counter Rs. 1000/-

(b)      If, within a month from the date of his/her appointment or promotion, the person concerned fails to deposit the security required, his/her probation shall be deemed to have been terminated and the appointing authority shall forthwith, by order, discharge him/her from the service or revert him/her to the post from which he/she was promoted, as the case may be, unless he/she has already been otherwise discharged or reverted:

Provided that the termination of probation 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/she would have been eligible for promotion otherwise than by reason of his/her promotion or appointment to those posts.

(4)     (A) For Computer Operators:

In addition to Graduation, a Computer Operator must have passed Typewriting English Higher Grade and Post Graduate Diploma in Computer Programming or Post Graduate Diploma in Computer Applications (One Year Course) which is recognized by the Central or State Government or a Degree in B.C.A. of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or from any Institution recognised by the University Grants Commission.

(B) For Assistant Librarian:

In addition to Graduation, an Assistant Librarian must have the following special qualifications:

(1)     B. Li. Sc., LL.B.,

(2)     Knowledge of computer skills for maintaining a library, evidenced by a certificate from a reputed Public or Private Institution.

Note: Candidate with M.Li.Sc. and LL.B., shall be given preference.

(C) For u.d. Steno:

In addition to Graduation, a U.D Steno must have passed Government Technical examination in Shorthand in English (120 w.p.m.) and Typewriting (English) Higher Grade (45 w.p.m.) conducted by the State Board of Technical Education of the Government of Telangana/Andhra Pradesh or any other equivalent examination. Preference will be given to the candidates possessing Diploma/Degree in Computers from the Institutions recognised by the State or Central Government.

(5)     For Telex Operator:

Must be capable of operating the Telex Machine independently.

(6)     For Telephone Operator:

Must possess a certificate issued by the District Manager, Telephones, Hyderabad, that the candidate has sufficient knowledge and experience to operate the Telephone Exchange.

Rule - 9. Applicability of Higher Qualifications.

A person appointed to a post in accordance with the rules applicable to him/her at the time of his/her appointment shall not be required to acquire the higher qualification prescribed for that post subsequent to his/her appointment.

Rule - 10. Probation.

(1)     Every person appointed to the service otherwise than by promotion or by transfer shall be on probation for a total period of two years on duty within a continuous period of three years.

(2)     Every person promoted from any post in the service to a post on higher scale of pay or appointed by transfer to a post on higher scale of pay shall be on probation for a total period of one year on duty.

(3)     A probationer in any division or category of the service, who, in accordance with Rules 5, 15 or 16 is appointed to any other division or category carrying a higher scale of pay, shall be entitled to count towards his/her probation in the former division or category, any period of duty in the latter division or category, if during such period he/she would have held a post in the former division or category but for such appointment.

Provided that there shall be no need for a person appointed to Category 1 (a), 3 (b) & (c) of Division - I, to be on probation.

Rule - 11. Probation, Suspension or Termination.

(1)     At any time before the expiry of the period of probation specified in Rule 10, the appointing authority may at its discretion by order, terminate the probation of a probationer and discharge him/her after giving him/her a reasonable opportunity of showing cause against the action proposed to be taken in that regard.

(2)     Penalty for failure to pass Test:

(a)      If, within the period of probation, a probationer fails to pass the prescribed special tests, the appointing authority shall by order discharge him/her, unless it extends the period of probation under Rule 12.

(b)      If such probationer has appeared within the period of probation for any such tests, and the results, of the tests for which he/she has so appeared are not known before the expiry of such period, he/she shall continue to be on probation until the publication of the results of the tests for which he/she has appeared. In case the probationer fails to pass any of the tests for which he/she has so appeared, the appointing authority shall forthwith by order discharge him/her, unless the period of probation is extended under Rule 12.

(3)     Approved Probationers:

(a)      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/her period of probation. On issuance of such an order, the probationer shall be deemed to have satisfactorily completed his/her probation on the date of expiry of the prescribed or extended period of probation, as the case may be.

 

(b)      Termination of Probation: If the appointing authority does not consider the probationer to be suitable for such membership it shall, unless the period of probation is extended under Rule 12, by order discharge him/her from service after giving him/her a reasonable opportunity of showing cause against the action proposed to be taken in that regard.

 

(c)      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.

 

(4)     In respect of a probationer, if no such order as referred to in sub-rule (3)(a) or (b) is issued within one year from the date of expiration of the prescribed or extended period of probation, the probationer shall, subject to the other provisions of these rules, be deemed to have satisfactorily completed his/her probation with retrospective effect from the date of expiration of the prescribed or extended period of probation and a formal order to that effect may be issued for the purpose of record:

Provided that nothing in this sub-rule shall apply to a probationer against whom disciplinary proceedings are pending on the date of expiration of the period of one year aforesaid.

Explanation: - In the above proviso, the term 'disciplinary proceedings shall include preliminary investigation for the purpose of ascertaining the relevant facts for institution of disciplinary proceedings.

Rule - 12. Extension of Probation.

In the case of any probationer falling under sub-rule (2), or clause (b) of sub-rule (3) of Rule 11, the appointing authority may extend his/her probation to enable him/her to acquire the special qualification(s) 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/she 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/she is declared to have satisfactorily completed his /her probation. If, however, the probationer has already drawn an increment, his/her next increment shall be postponed until he/she is declared to have satisfactorily completed his/her probation and by the period for which his/her probation is extended. Such stoppage of increment shall not be treated as a penalty but only as a condition for extension of probation and shall not have the effect of postponing future increments after he/she has passed the prescribed tests or examination or after he/she is declared to have satisfactorily completed his/her probation.

Rule - 13. 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:

(a)      First, the probationers in order of juniority, and

(b)      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 reverse of the order laid down in clause (a) or (b) of sub-rule (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.

 

(4)     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 appointment of a person who has not yet commenced his/her probation therein when an approved probationer or a probationer therein is available for such appointment.

Rule - 14. Appointment of full members.

Subject to the provisions of Rule 26, an approved probationer shall, if a substantive vacancy in the permanent cadre of a category or sub-category or post for which he/she was selected exists, be appointed to be a full member of the service in such category or sub-category or post at the earliest possible opportunity, and if such vacancy existed from a date previous to the issuance of the order of appointment, he/she may be so appointed with retrospective effect from such date, or as the case may be from a subsequent date from which he/she was continuously on duty as 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 a full member, the senior most approved probationer on the date of vacancy shall be appointed.

(2)     Where by reason of administrative convenience, a member of the service completes his/her probation earlier than another member of the service who is senior to him/her, the member who so completes his/her probation earlier shall not be confirmed before the member who is senior to him/her. The senior member shall be confirmed according his/her seniority in the service after he/she completes satisfactorily the period of probation.

Explanation: - For the purpose of this rule, an approved probationer, when on leave or other duty, shall be deemed to be on duty as a member of the service in the category concerned, if he/she would have been on duty in such category or in a higher category, but for the absence on leave or deputation.

Rule - 15. Promotions.

(1)     All promotions shall be made by the appointing authority in accordance with Rule -5.

Provided, for promotion to any category of service, the members working in the feeder categories shall have put in not less than three years of actual service, including the period spent on probation, if any.

(2)     All categories in Division - I and Categories 1 to 3 of 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:

Provided that in making promotions to the category of posts having an assured channel for appointment by promotion; and wherever posts available in a particular category of service for such promotion are more than five; the orders of the State Government in G.O.Ms. No. 5 Social Welfare (SW.ROR.1) Department, dated 14.2.2003 and G.O.Ms.No. 2 Social Welfare (SW.ROR.1) Department, dated 09.01.2004 and all other Government Orders issued from time to time shall be followed, in respect of Scheduled Caste and Scheduled Tribe Employees.

Rule - 16. Temporary Appointments and Promotions.

(1)     Where it is necessary in the interest of Administration or where exigencies of service so require, 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, in accordance with the procedure prescribed by these Rules, the appointing authority may appoint any suitable person temporarily until an appointment is made in accordance with these rules.

(2)     (a) A person appointed under sub-rule (1) shall be replaced as soon as possible by a member of the service, who is entitled to promotion, under these rules or by a candidate qualified to hold the post under the rules, as the case may be.

(b) A person appointed under sub-rule (1) 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.

If such a person is subsequently appointed to the division, category or post in accordance with these rules, he/she shall commence his/her probation in such division, category or post from the date of such subsequent appointment or from such earlier date as the appointing authority may determine.

A person appointed temporarily in terms of Sub-rule(1) above, shall not be entitled to claim seniority from the date of such temporary appointment, even if he/she is subsequently appointed/ promoted on regular basis for the said post or category of service, without any break in service.

Rule - 17. Punishment.

(1)     The penalties that may be imposed on members of the service for good and sufficient reason are shown in Schedule - II. The authority which may impose the penalties shall be the authority specified in Columns (2) to (8) of Schedule -II against the several categories specified in Columns (1) thereof or any higher authority.

 

(2)     The procedure laid down under the Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, shall, in so far as it is not inconsistent with these rules, be followed in every case where it is proposed to impose any of the penalties.

 

(3)     A member of the service may be placed under suspension by the appointing authority pending investigation or enquiry into grave charges where such suspension is necessary in public interest.

 

(4)     The provisions of sub - rule (2) shall not apply:

(a)      Where a member is removed, dismissed or reduced in rank on the ground of conduct which has led to his /her conviction on a criminal charge; or

(b)      Where the appointing authority is satisfied that, for reasons to be recorded by that authority in writing, it is not reasonably practicable to hold an enquiry or 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 the member such an opportunity.

(5)     If any question arises whether it is reasonably practicable to follow the procedure prescribed in sub - rule (2), the decision thereon of the appointing authority shall be final.

Rule - 18. Appeals.

A member of the service shall be entitled to prefer an appeal from an order imposing on him/her any of the penalties specified in Columns (2) to (8) of Schedule - II.

Rule - 19. Withholding of Appeals.

An appeal may be with held by any authority, not lower than the authority from whose order it is preferred, if :

(i)       appeal in a case in which under these rules no appeal lies, or

 

(ii)      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 delay.

 

(iii)     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 reconsideration of the case, or

 

(iv)    it is addressed to an authority to which no appeal lies under these rule;

Provided that in every case in which an appeal is withheld, the appellant shall be informed of the said fact and the reasons therefor.

Rule - 20.

No Appeal shall lie against withholding of an appeal by the competent authority.

Rule - 21. Other Conditions of Service.

(1)     The Fundamental Rules, the Subsidiary Rules thereunder, Civil Services Regulations and other rules applicable to the employees of the Government of Telangana, shall govern the member of the service in so far as they are not inconsistent with these rules.

Provided that except in regard to leave, salary, pensions and gratuities, the Chief Justice shall exercise the powers vested in the Governor under any of the aforesaid rules:

(2)     Where any member of the service who, immediately prior to the 1st November, 1956, was in the service of the former Hyderabad High Court, he/she shall continue to be governed by the corresponding pension and leave rules applicable to him/her immediately prior to that date subject to the rules and orders issued by the Government in that behalf from time to time.

 

(3)     The posts in the service of the High Court for the State of Telangana shown in Column No. (1) of Schedule-III shall correspond to the posts in the Secretariat of Government of Telangana specified in Column No. 2 thereof.

Rule - 22. Savings.

(1)     Nothing in these rules shall effect any member of an All India Service when holding any post mentioned in Rule 3.

 

(2)     Subject to the provisions of sub-rule (3) and (4), where these rules would adversely affect in respect of any matter, other than qualifications for which provision is made under Rule 9, a person who was a member of the service before the date of coming into force thereof, shall, in respect of such matter, be governed by the rules and orders, if any, which were applicable to him/her immediately prior to such date

 

(3)     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/she would have been on duty but for his/her being on duty in a higher category, if he/she:-

(a)      was on duty in such post on the date of issue of these rules; or

(b)      was absent from duty in such post on that date of leave granted by a 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/her first appointment thereto, the provisions of these rules regarding probation shall apply to him /her and any period of duty rendered by him/her in such post before the date of issue of these rules shall count towards probation to the extent such service would have counted, had these rules come into force at the time of such first appointment.

(4)     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 (3) shall, if he/she is again appointed to such post after the issue of these rules, be entitled to count his/her previous service in such post, towards the prescribed period of probation:

Provided that in the case of a candidate directly recruited, such previous service shall not, count towards probation if there was an interval of continuous period of two years or more during which he/she 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.

Rule - 23. Relaxation of Rules by the Chief Justice.

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/her 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/her than that provided by that rule.

Rule - 24. Reduction of Full Member.

If a member of any category or grade in the service is subsequently reduced to a lower category or grade, he/she shall be deemed to be a full member of the later, and the permanent cadre thereof shall, if there is no vacancy in which he/she could be absorbed, be deemed to be increased by one so long as such member continues therein;

Provided that against every such addition of 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.

Rule - 25. Relinquishment of Rights by Member.

Any person may, in writing, relinquish any right or privilege to which he/she may be entitled under these rules, if in the opinion of the appointing authority such relinquishment is not opposed to public interest; 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.

Rule - 26. Member Absent from Duty.

The absence of a member of the service from duty, whether on leave, on foreign service or on deputation or for any other reason, and whether his/her lien in a post borne on the cadre of the service is suspended or not, shall not, if he/she is otherwise fit, render him/her ineligible in his/her turn :

(1)     for re-appointment to a substantive or officiating vacancy in the division, category or post in which he/she may be a probationer or an approved probationer; or

 

(2)     for promotion from a lower to a higher post in the service; or

 

(3)     for appointment to any substantive or officiating vacancy in another service for which he/she may be an approved candidate, as the case may be, in the same manner as if he/she had not been absent. He/She shall be entitled to all the privileges in respect of appointment, seniority, probation and appointment to full member which he/she would have enjoyed but for his/her absence subject to his/her completing satisfactorily the period of probation on his/her return;

Provided that a member of a service who is appointed to this service and is a probationer or an approved probationer in the later service shall not be appointed under this sub-rule to any other service for which he/she may be an approved candidate unless he/she relinquishes his/her membership in the later service in which he/she is a probationer or an approved probationer.

(4)     This provision shall not affect a person who is a member of more than two services, where each is a normal feeder service to the other.

Rule - 27. Re-employment of Pensioners.

Nothing in these rules shall be construed to limit or abridge the power of the Chief Justice to re-employ persons, who have been retired on pension or gratuity in the service in accordance with the provisions contained in the Civil Service Regulations. The re-employment of such a person in the service shall not be regarded as a first appointment to the service.

Rule - 28. Applicability of the Telangana State and Subordinate Service Rules.

 In respect of matters which are not covered by these rules, the Chief Justice may by order apply the provisions of the Telangana State and Subordinate Service Rules to the members of the Service to the extent considered necessary.

Rule - 29. Repeal and Saving.

Service Rules of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh - 2017, as amended from time to time, are hereby repealed.

Provided that nothing in these Rules shall effect the appointments made in accordance with the repealed Rules prior to the coming into force of these Rules.

SCHEDULE I

SPECIAL QUALIFICATIONS

(See Rule - 8)

Note: - The holders of a degree of Law of an University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or an Institution recognised by the University Grants Commission shall not be required to pass the Civil Judicial Test and Criminal Judicial Test.

Persons who are otherwise eligible for promotion but have not passed Criminal Judicial Test can be considered for promotion, subject to the condition of passing the said Test within a period of two years from the date of such promotion. However, this relaxation will be in force for a period of two years only from the date of notification of these Rules.

The aforesaid amendment shall come into force with retrospective effect from the date of publication of High Court Service Rules earlier notified in the Official Gazette No. 11 Dated: 14-06-2017 of the State of Telangana and Official Gazette No. 32 Dated: 16-06-2017 of the State of Andhra Pradesh.

SCHEDULE II

(SEE RULE 17)

SCHEDULE III

[See Rule -21(3)]

SCHEDULE IV

Method of appointment by direct recruitment

(See Rule 5)

(A)     (I) The Registrar (Administration) shall every year in the month of April, estimate the number of vacancies existing in all categories of posts in the Registry of High Court and expected to arise due to retirement and promotions during the following year to be filled up.

(i)       The Registrar (Administration) / Recruiting Agency, as the case may be, shall issue Notifications by way of publication at least in two daily local newspapers largely circulated in the State of Telangana, one of which shall be in English language and another in Vernacular language, inviting applications from the eligible candidates and also inviting applications from the Employment Exchange, if so directed by the Chief Justice in relation to any post proposed to be filled by Direct Recruitment.

(ii)      The Registrar(Administration) / Recruiting Agency, as the case may be, shall scrutinize all the applications received from the candidates received in time and conduct Screening Test / Written Examination, as required and Interviews for all the qualified candidates in such Screening Test / Written Examination and finalize selection of the candidates basing on merit.

(iii)     However, in respect of the following categories of posts, the scheme of Written Examination apart from interview, wherever considered necessary, shall be as under:

(iv)    Not later than 1st December of the year, draw up a list of approved candidates of such number as may be considered necessary and suitable by arranging the names of candidates in order of preference.

(II) The list of approved candidates for appointment to the service in each category shall be prepared separately in accordance with the rule of reservation for appointment in case of direct recruitment (See Rule 6).

(III) Whenever a vacancy in a category arises, candidates from the list of approved candidates in force awaiting appointment shall be appointed in order of seniority.

(B)     Notwithstanding anything contained hereinbefore, the names of such of the candidates included in any of the lists, be included in the fresh list in the order in which they appear in the original list. If no fresh list is prepared, the current list containing only the names of the un-allotted candidates in the order in which they are arranged in the previous list, shall be published as a fresh list.