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The Madras High Court Service Rules

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The Madras High Court Service Rules THE MADRAS HIGH COURT SERVICE RULES In exercise of the powers conferred by Articles 229 (1) and (2) of the Constitution of India, and of all other power hereunto enabling, and in supersession of all the existing rules on the subject, the Chief Justice, with the approval of the Governor of Tamil Nadu so far as the rules relate to salaries, allowances, leave and pensions, hereby makes the following rules to regulate the method of recruitment, the conditions of service, the salaries and allowances, leave and pensions of the Madras High Court Service, hereinafter referred to as ―the Service‖ :- 1. Definitions—for the purpose of these rules— (a) ―Appointed to the service‖— A person is said to be ―appointed to the service‖ when, in accordance with these rules or in accordance with the rules applicable at the time as the case may be, be 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. (b) ―Approved Probationer‖ -- ―Approved Probationer‖ means a member of the service who has satisfactorily completed his probation and awaits appointment as a full member of the service, division, category, sub- category or post, as the case may be. (c) ―Backward Classes‖—―Backward Classes‖ means the communities mentioned in Schedule II to Part I of the Tamil Nadu State and Subordinate Services Rules. (d) ―Chief Justice‖—―Chief Justice‖ means the Chief Justice of the High Court. 2 (e) ―Duty‖ -- A person is said to be ―on duty‖ as a member of the service. (1) When he is performing the duties of a post borne on the cadre of the service or undergoing the probation; (2) When he is on joining time; or (3) When he is absent from duty during vacation or on authorised holidays or on casual leave taken in accordance with the instructions regulating such leave issued by the State Government having been on duty immediately before and immediately after such absence. (f) ―Full member‖—―Full member‖ means a member of the service who has been appointed substantively to a permanent post borne on the cadre thereof. (g) ―High Court‖—―High Court‖ means the High Court of Judicature at Madras. *(g) A- ‗Law Degree‘ means a Law Degree granted by a recognised University in India and recognised by the Bar Council of India for admission as an Advocate or an Attorney of an Indian Court. (h) ―Member of the service‖—―Member of the service‖ means a person who has been appointed to the service and who has not retired or resigned, been removed or dismissed, been substantively transferred or reduced to another service, or been discharged otherwise than for want of a vacancy. He may be a probationer, an approved probationer or a full member of the service. (i) ―Probationer‖—―Probationer‖ means a member of the service who has not completed his probation. (j) ―Promotion‖—―Promotion‖ means the appointment of a member to a post in the service on a higher scale of pay. *Added SROC-3/2007(ROC No.463-A/2007/RAC) 3 # (k) ―Recruited direct‖ -- A candidate is said to be ―recruited direct‖ to the service when at the time of his first appointment thereto, he is neither a full member nor an approved probationer in any other service other than the Madras High Court Service and Tamil Nadu Judicial Ministerial Service. *l) ―Recruited by transfer‖— A candidate is said to be ―Recruited by transfer‖ to the Service when at the time of his appointment thereto, he is either a full member or an approved probationer in another service or when appointed from one category to another category in the same service carrying identical scale of pay or when appointed from Section II of Division III to Section I of Division III or from Division III to Division II or vice versa‖. (m) ―Scheduled Castes‖ and ―Scheduled Tribes‖ -―Scheduled Castes‖ and Scheduled Tribes‖ means the communities mentioned in Parts A and B respectively of Schedule III to Part I of the Tamil Nadu State and Subordinate Services Rules. 2. Short title, Commencement and Extent : - (a) These rules may be called the Madras High Court Service Rules, 1955, and shall come into force on the 1st January 1955. (b) They shall apply to all persons appointed to the service before, on or after the said date. (c) When a post is created as a temporary, addition to the cadre of the service in any division or category thereon, these rules applicable to holders of permanent posts borne on the said cadre shall apply to the holder of the said temporary post. *Substituted ROC 7691/A/96/C1. # Substituted R.O.C. No. 1/2013/RAC (w.e.f. 11.10.2013) 4 Explanation—In this sub-rule, the expression ―the holder of the said temporary post‖ shall mean the person counted against the said temporary post. 3. Constitution -- The service shall consist of the following divisions, categories and sub-categories of officers: - DIVISION I (Gazetted Posts) Category: - @”1. (a) Registrar General (b) Registrar (Vigilance) (c) Registrar (Judicial) (d) Registrar (Administration) (e) Registrar (Management) The post of Special Officer, Vigilance cell is redesignated as Registrar (Vigilance) and incorporated in category 1(b) of Division I. The Post of Registrar (Appellate Side) is redesignated as Registrar (Judicial) and shown as category 1(c ) of Division I. The post of Registrar (Original Side) is redesignated as Registrar (Management) and shown as category 1(e) of Division I‖. *A. Chief Editor, Tamil Law Journal. ** B. Official Assignee. ____________________________________________________________________ @ Substituted R.O.C.No.1185/A/2003/Rule Amendment Cell * Added SROC 4/95. ** Added SROC 20/97 5 2. Master. ^2A.Joint Registrar-cum-Private Secretary to the Hon‘ble Chief Justice. ^2B.Joint Registrar (Protocol) 3. (a) Deputy Registrar (O.S) (b)Deputy Registrar (Admn.) (c ) Deputy Registrar (A.S) **(d) Deleted. **(e) Deleted. (f) Deputy Registrar (Judicial) * (g) Deputy Registrar (Personnel Admn.) * (h) Deputy Registrar (Writs) # (i) Deputy Registrar (Accounts) # (j) Deputy Registrar (Grouping) Note: The nomenclature of the post of Official Referee has been re- designated as ―Deputy Registrar (Accounts)‖ and the nomenclature of the post of Special Officer (Grouping) as ―Deputy Registrar (Grouping)‖ and shown as category 3(i) and (j) respectively. () ―4. (a) Deleted. (b) Deleted.‖ 4. A. Associate Editor, Tamil Law Journal.\ B. Deputy Official Assignee ________________________________________________________ * The Post of Deputy Registrar are temporary and they have been included in the Rules for administrative convenience. # Added R.O.C.No.2878A/2003/Rule/Amendment Cell. () Deleted R.O.C.No.2878A/2003/Rule Amendment cell. ^ Added ROC No.3740/2006/RAC w.e.f. 01.08.2006 ** Deleted ROC No.3740/2006/RAC. 6 5. (a) Assistant Registrar (Pondicherry) (b) Assistant Registrar (A.E.) (c) Assistant Registrar (C.O.) (d) Assistant Registrar (O.S.I) (e) Assistant Registrar (O.S. II) (f) Assistant Registrar (Crl. Side) ) (g) Assistant Registrar (Admn.) ) (h) Assistant Registrar (T & P) ) * (i) Assistant Registrar (Records) ) (j) Assistant Registrar (Rules.) ) (k) Assistant Registrar (Protocol) ) (l) Assistant Registrar (Writs) ) (m) Assistant Registrar (Admn.II) ) (n) Assistant Registrar (A.S.) ) ** 5. A Chief Accounts Officer $ 6. (a) Sub - Assistant Registrar (Admn.I) (b) Sub - Assistant Registrar (Statistics) (c) Sub - Assistant Registrar (Accounts) (d) Sub - Assistant Registrar (A.S.) __________________________________________________________ *The post of Assistant Registrar are temporary and they have been included in the Rules for administrative convince. ** Inserted R.O.C.No.6027/2000/C1 $ Substituted SROC No.9/95 7 (e) Sub - Assistant Registrar (O.S.) (f) Sub - Assistant Registrar (T & P) (g) Sub - Assistant Registrar (C.O. - I) (h) Sub - Assistant Registrar (C.O. - II) (i) Sub – Assistant Registrar (Admn.II) ) (j) Sub – Assistant Registrar (A.E.) ) (k) Sub- Assistant Registrar (Estt.) ) * (l) Sub- Assistant Registrar (C.S.) ) (m) Sub – Assistant Registrar (Writs) ) $$ 6.A Assistant Editor, Tamil Law Journal. * 6.B Sub Assistant Registrar (Insolvents, Accounts) ** 6.C Librarian. 7. (a) Sub Assistant Registrar (P.A. - I) (b) Sub Assistant Registrar (P.A. - II) @ 8. (Deleted) * The post of Sub-Assistant Registrars are temporary and they have been included in the Rules for administrative convenience. $$ Added SROC 4/95 * Added SROC 20/97 ** Inserted ROC.No.6027/2000/C1 @ Deleted ROC. No.6027/2000/C1 8 DIVISION - II (Non-Gazetted-Superior Posts) 1. (Deleted.) *1.A. Section Officer (Property) 2. Interpreters consisting of :- (a) Interpreter (Gujarathi) (b) Interpreter (Urdu) (c) Interpreter (Tamil and Telugu) 3. (a) Appeal Examiners including Court-Fee Examiners. (in the cadre of Section Officers.) (b) Court Officers (Appellate Side) (In the cadre of Section Officers.) (c) Court Officers (Original Side) (In the cadre of Section Officers.) (d) Section Officers. (e) Deputy Sheriff (in the cadre of Section Officer.) 4. Personal Assistants to the Honourable Judges. $ 4A. Private Secretary to the Registrar-General # 4B.Technical Assistant to Librarian 5. Assistant Section Officers including Translators and Assistant Court-Fee Examiners. $ 5A. Personal Assistant. & 5AA. Senior Typist $ 5.B Personal Clerk. )( 5C. Computer Operator **6. Assistants. * Substituted 5779A/90 C1. **Substituted, renumbered ROC 5779A/90/C1. $ Inserted R.O.C. No. 4233-A/98-C1. # Added R.O.C.No.6027/2000/Rule Amendment cell. )( Added ROC No.11479/A/2003 & Inserted R.O.C No. 9A/2014/MBC/RAC w.e.f 09.01.2014 9 *7 (a) Typists $ (and Steno-typist) (b) Telephone Operator. )( **8. Reader/Examiner/Proof Reader. (b) (Deleted) 9. (a) Chief Operator, Photostat Machine. (b) Assistant Operator, Photostat Machine. ^ (c ) Xerox Operator. NOTE :- The post of Second Assistant Registrar has been upgraded as Assistant Registrar. Hence, it is shown along with the posts of Assistant Registrars.
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