Rajasthan Judicial Service Rules, 2010

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Rajasthan Judicial Service Rules, 2010
Total Sections 57
Enforcement Year January 18, 2010
State or Central State
Editor Avinash7988268984
ASSN: 38854

contents

1. Short title, commencement and application. 2. Status of the Service. 3. Definitions. 4. Interpretation. 5. Composition of service. 6. Strength of the Service. 7. Determination of vacancies. 8. Examination. 9. Zone of consideration. 10. Reservation of vacancies for Scheduled Castes, Scheduled Tribes, Other Backward Classes, Persons with Disabilities and Women candidates. 11. Nationality. 12. Disqualifications for appointment. 13. Canvassing. 14. Employment by irregular or improper means. 15. Temporary or officiating appointments. 16. Source of recruitment. 17. Age. 18. Academic qualifications. 19. Character. 20. Scheme of Examination and Syllabu. 21. Application. 22. Examination fee. 23. Admission. 24. List of candidates recommended by the Recruiting Authority. 25. Physical fitness. 26. Appointment. 27. Source of appointment. 28. Preparation of list of eligible Civil Judges. 29. Constitution of selection committee. 30. Appointment. 31. 32. Recruitment by promotion. 33. Eligibility for direct recruitment. 34. Invitation of application. 35. Form of application. 36. Submission of application. 37. Examination fee. 38. Scrutiny of applications. 39. 40. Examination. 41. List of selected candidates. 42. Select List 43. Appointment. 44. Probation. 45. Confirmation. 46. Unsatisfactory progress during probation and extension of probation period. 47. Seniority. 48. Grant of scale under the Assured Career Progression Scheme. 49. Grant of selection scale to District Judges. 50. Grant of supertime scale to District Judges. 51. Pay scales. 52. Pay, allowances, amenities, advances and other financial benefits. 53. Leave, allowances and pension etc. 54. Oath. 55. Deputation. 56. Reemployment. 57. Repeal and savings.

Part - I

General

1. Short title, commencement and application. - (1) These rules may be called the Rajasthan Judicial Service Rules, 2010. (2) They shall come into force on the date of their publication in the Official Gazette. (3) They shall apply to the members of the service. 2. Status of the Service. - The Rajasthan Judicial Service is a State Service comprising of the cadres of District Judge, Senior Civil Judge and Civil Judge. 3. Definitions. - In these Rules, unless the context otherwise requires,- (a) "Appointing Authority" means the Governor of Rajasthan;

(b) "Cadre" means the cadre of District Judge, Senior Civil Judge and Civil Judge as provided under rule 5 of part-II of these rules;

(c) "Cadre Post" means any post specified in Schedule-I;

(d) "Commission" means the Rajasthan Public Service Commission;

(e) "Court" means the High Court of Judicature for Rajasthan;

(f) "Governor" and "Government" shall mean respectively the Governor and the Government of Rajasthan;

(g) "Member of the Service" means a person appointed substantively to a post in the service under the provisions of these Rules or orders made under the Rules repealed by these Rules and includes a person placed on probation;

(h) "Official Gazette" means Official Gazette of the Government of Rajasthan;

(i) "Recruiting Authority" means the court and until creation of examination cell in the court, the Commission.

(j) "Schedule" means a Schedule to these Rules;

(k) "Service" means the Rajasthan Judicial Service;

(l) "Substantive appointment" means an appointment made under the provisions of these rules to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Rules and includes an appointment on probation followed by confirmation on completion of the probation period; and

(m) "State" means the State of Rajasthan.

[(n) "Written Examination" means Competitive Examination.]

4. Interpretation. - Unless the context otherwise requires the General Clauses Act, 1955 (Rajasthan Act No. VIII of 1955) shall apply for the interpretation of these Rules as it applies for the interpretation of any of the Rajasthan Act. Part - II

Cadre

5. Composition of service. - (1) On and from the date of commencement of these Rules, the Rajasthan Judicial Service shall stand re-constituted and re-designated into the following three cadres, namely:- (A) District Judge,

(B) Senior Civil Judge, and

(C) Civil Judge.

(2) On and from the date of commencement of these Rules, the existing posts included in cadres specified below in column No. (1) shall stand re-designated as the cadres specified below in corresponding entries given in column No. (2) and the same shall constitute the Service:- Existing post(s)

Cadre of the Service.

(1)

(2)

(i) District Judge (Super time Scale),

(A) District Judge

(ii) District Judge (Selection Scale),


(iii) Additional District Judge and post equivalent thereto.


(i) Civil Judge (Senior Division Super time Scale.

(B) Senior Civil Judge

(ii) Civil Judge (Senior Division) Selection Scale.


(iii) Civil Judge (Senior Division) Senior Scale.


(i) Civil Judge (Junior Division) Senior Scale.

(C) Civil Judge

(ii) Civil Judge (Junior Division) Ordinary Scale.


[Explanation. - Senior Civil Judge to include Chief Metropolitan Magistrate, Chief Judicial Magistrate, Additional Chief Metropolitan Magistrate and Addl. Chief Judicial Magistrate; Civil Judge to include Metropolitan Magistrate and Judicial Magistrate.] 6. Strength of the Service. - (1) The strength of the Service in each cadre and number of other posts shall be determined by the Government from time to time, in consultation with the Court and the existing posts in each cadre in the service shall be as specified in Schedule-I. (2) The strength of other posts manned by the members of the service shall be as specified in Schedule-II unless any order varying the same is issued under sub-rule (1): Provided that the State Government may, in consultation with the Court, create any permanent or temporary post from time to time as may be considered necessary and may abolish any such post or posts in the like manner without thereby conferring any right on any person for any type of claim. Part - III

General Conditions

7. Determination of vacancies. - (1) Subject to the provisions of these rules, the Court shall determine and notify the actual number of existing and expected vacancies in each cadre as per the time schedule specified in Schedule-III. (2) Where the vacancies in the cadre are to be filled in by a single method, the vacancies so determined shall be filled in by that method. (3) Where the vacancies in the cadre are to be filled in by more than one methods, the apportionment of vacancies determined under sub-rule (1), to each such method shall be done maintaining the prescribed percentage for the particular method taking into consideration the overall number of posts already filled in: Provided that the apportionment for filling up vacancies in the cadre of District Judge, shall be made in a cyclic order of respective quota of each category, i.e. Promotee on the basis of merit-cum-seniority, Promotee on the basis of Limited Competitive Examination and the Direct Recruitee. [8. Examination. - For filling up of vacancies in the cadre of District Judge the examination shall be conducted by the High Court and for Civil Judge, examination shall be conducted by the Recruiting Authority on or before the dates specified in the Schedule-III.] 9. Zone of consideration. - The zone of consideration of persons eligible for appointment by promotion shall be confined to three times the number of vacancies to be filled in by promotion. 10. Reservation of vacancies for Scheduled Castes, Scheduled Tribes, Other Backward Classes, Persons with Disabilities and Women candidates. - (1) Reservation of posts for Scheduled Castes and Scheduled Tribes shall be only at the time of initial recruitment in the proportion of 16% and 12% respectively of the vacancies advertised and same shall be followed in respect of subsequent recruitment also till the ultimate percentage of reservation is reached as above: Provided in the event of non-availability of eligible and suitable candidates amongst Scheduled Castes and Scheduled Tribes, as the case may be, in a particular year of recruitment the vacancies so reserved for them shall be filled in accordance with the normal procedure. Such vacancies for the current recruitment which remain unfilled shall be carried forward to subsequent three recruitment years in total, and thereafter such reservation would lapse. (2) Reservation of posts for Other Backward Classes shall be only at the time of initial recruitment in the proportion of 21% of the vacancies advertised. In the event of non-availability of eligible and suitable candidates amongst Other Backward Classes in a particular year of recruitment, the vacancies so reserved for them shall be filled in accordance with the normal procedure. Explanation. - For the purpose of this sub rule Other Backward Classes shall mean the classes as mentioned in Notification No. F.11(125)R&P/swd/92-93/52307 Dated August 6, 1994 as amended from time to time. [(3) Reservation of vacancies for women. - Reservation of vacancies for women candidates shall be 30% category-wise in the direct-recruitment, out of which one third shall be for widows and divorced women candidates in the ratio of 80:20. In the event of non-availability of eligible and suitable candidates, either in widow or in divorcee, in particular year, the vacancies may first be filled by interchange, i.e. vacancies reserved for widows to the divorces or vice versa. In the event of non-availability of sufficient widow and divorcee candidates, the unfilled vacancies, shall be filled by other women of the same category and in the event of non-availability of eligible and suitable women candidates, the vacancies so reserved for them shall be filled up by male candidates of the category for which vacancy is reserved. The vacancy so reserved for women candidates shall not be carried forward to the subsequent year. The reservation for women including widows and divorcee women shall be treated as horizontal reservation, within the category, i.e. even the women selected in general merit of the category shall first be adjusted against the women quota. Explanation. - In the case of widow, she will have to furnish a certificate of death of her husband from the competent authority and in case of divorcee, she will have to furnish the proof of divorce.] (4) Reservation of posts for Persons with Disabilities as defined in the Rajasthan Employment of Disabled Persons Rules, 2000, shall be 3% category-wise which shall be horizontal and shall be available only at the time of initial recruitment. In the event of non availability of eligible and suitable persons with disabilities in a particular year, the vacancy so reserved for them shall be filled in accordance with the normal procedure and such vacancies shall not be carried forward to the subsequent year: Provided that the total number of posts reserved for all such categories in a direct recruitment shall not exceed 50% of the total vacancies. 11. Nationality. - A candidate for appointment to the Service must be a citizen of India. 12. Disqualifications for appointment. - No person shall be qualified for appointment to the Service or being in Service.- (a) if he has more than one spouse living;

(b) if he has been dismissed or removed from service by any High Court, Government or Statutory Body or Local Authority;

(c) if he was or is convicted for any offence involving moral turpitude or has been permanently debarred or disqualified by any High Court or Union Public Service Commission or any State Public Service Commission from appearing in any examination or interview;

(d) if he being an Advocate was found guilty of professional misconduct under the provisions of Advocates Act, 1961 (Central Act 25 of 1961) or other law for the time being in force.

(e) if he has more than two children on/or after the date of commencement of these rules:

Provided that the candidate having more than two children shall not be deemed to be disqualified for appointment so long as number of children he/she has on the date of commencement does not increase: Provided further that where a candidate has only one child from earlier delivery but more than one child is born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children. Explanation. - For the purpose of this clause, child born within 280 days from the date of commencement of these rules shall not constitute disqualification. (f) if he has accepted or accepts dowry at the time of his marriage.

Explanation. - In this clause, the word "dowry" shall have the same meaning as assigned it in Dowry Prohibition Act, 1961 (Central Act 26 of 1961) 13. Canvassing. - No recommendation for recruitment either written or oral other than that required under these Rules, shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by other means shall disqualify him for recruitment. 14. Employment by irregular or improper means. - A candidate who is or has been declared by the Recruiting Authority or the Appointing Authority, as the case may be, guilty of impersonation or of submitting fabricated or tampered with documents or of making statements which are incorrect or false or of suppressing material information or using or attempting to use unfair means in the examination or interview or otherwise resorting to any other irregular or improper means for obtaining admission to the examination or appearance at any interview shall, in addition to rendering himself liable to criminal prosecution, be debarred either permanently or for a specified period,- (a) by the Recruiting Authority or the Appointing Authority, as the case may be, from admission to any examination or appearing at any interview held by the Recruiting Authority for selection of candidates, or

(b) by the Government from employment under the Government.

15. Temporary or officiating appointments. - On occurrence of temporary or permanent vacancy, in the cadre of District Judge or the Senior Civil Judge, as the case may be, [***] if in the opinion of the Court such vacancy is to be filled in immediately, the Court [may] recommend to the Appointing Authority the names of the persons eligible for appointment maximum for a period of one year and such appointment shall not confer any rights upon the person so appointed. [Provided, for reasons to be recorded in writing, such period may be extended further for one year by the Court.] Part - IV

Methods of Recruitment

A - Recruitment to the Cadre of Civil Judge

16. Source of recruitment. - Recruitment to the posts in Service to the cadre of Civil Judge shall be made only by direct recruitment on the basis of the result of a competitive examination conducted by the Recruiting Authority. 17. Age. - A candidate for direct recruitment to the cadre of Civil Judge must have attained the age of 23 years and must not have attained the age of 35 years on the first day of January following the last date fixed for receipt of applications: Provided that. - (i) the upper age limit mentioned above shall be relaxed by 5 years in case of candidates belonging to the Scheduled Castes/Scheduled Tribes, Other Backward Classes and Women Candidates. (ii) the upper age limit for the persons serving in connection with the affairs of the State, Panchayat Samities, Zila Parishads or Public Sector Undertakings/Corporations in substantive capacity shall be 40 years.

(iii) the upper age limit in the case of widow/divorced women shall be upto 45 years.

Explanation. - In the case of widow she will have to furnish a certificate of death of her husband from the competent authority and in case of divorcee, she will have to furnish the proof of divorce. (iv) If a candidate would have been entitled in respect of his/her age to appear at the examination in any year in which no such examination was held, he/she shall be deemed to be entitled in respect of his/her age to appear at the next following examination.

[(v) If for any reason, the written examination/interview is cancelled in any particular year, it shall be open to the Recruiting Authority to grant age relaxation to the candidate to appear in the next examination.]

18. Academic qualifications. - (1) No candidate shall be eligible for recruitment to the Service unless he holds a degree of Bachelor of Laws (Professional) of any University established by Law in India and recognised as such under the Advocates Act,1961. (2) Every candidate must possess a thorough knowledge of Hindi Written in Devnagari script and Rajasthani dialects and social customs of Rajasthan. 19. Character. - The character of a candidate for direct recruitment to the service must be such as will qualify him for employment in the service. He must produce a certificate of good character from the Principal Academic Officer of the University or College or School in which he was last educated and two such certificates written not more than six months prior to the date of application, from two responsible persons not connected with his University or College or School and not related to him. 20. Scheme of Examination and Syllabu. - (1) The competitive examination for the recruitment to the post of Civil Judge shall be conducted by the Recruiting Authority in two stages i.e. preliminary examination and Main examination as per the Scheme specified in Schedule-IV. The marks obtained in the preliminary Examination by the candidate who are declared qualified for admission to the main examination will not be counted for determining their final merit. [(2) The number of candidate to be admitted to the main examination will be fifteen times the total number of vacancies (Category wise) to be filled in the year but in the said range all those candidates who secure the same percentage of marks as may be fixed by the Recruiting Authority for any lower range will be admitted to the Main Examination.] (3) On the basis of marks secured in Main Examination, candidates to the extent of three times of total number of vacancies (Category wise) shall be declared qualified to be called for interview. (4) The Recruiting Authority shall not recommended a candidate who has failed to appear, in any of the written paper or before the Board for Viva Voce. [(5) Syllabus shall be such as may be prescribed by the Recruiting Authority from time to time.] Provided that same may be amended by the Governor from time to time in consultation with the Court. 21. Application. - On receipt of a requisition for recruitment to the service the Recruiting Authority shall invite applications from eligible candidates in the prescribed form obtainable from the office of the Recruiting Authority on payment of such fee and in such manner as the Recruiting Authority may specify from time to time. 22. Examination fee. - A candidate for direct recruitment to a post in the service shall pay to the Recruiting Authority such fee as may be specified or fixed from time to time. 23. Admission. - No candidate shall be admitted to the examination unless he holds a certificate of admission granted by and under the authority of the Recruiting Authority. 24. List of candidates recommended by the Recruiting Authority. - The Recruiting Authority shall prepare a list of the candidates in the order of their performance on the basis of their aggregate marks. If two or more of such candidates obtain equal marks in the aggregate, the Recruiting Authority shall arrange them in the order of merit on the basis of their general suitability for service and recommend their names to the Appointing Authority for appointment to the Cadre of Civil Judge: Provided that the Recruiting Authority shall not recommend a candidate of Scheduled Castes or Scheduled Tribes category unless he obtains minimum 35% marks in the aggregate of written examination and the interview, and, in the case of other candidates, unless he obtains minimum 40% marks in the aggregate of written examination and the interview. [***] 25. Physical fitness. - (1) No person shall be appointed as a member of the Service unless he is in good mental and bodily health and free from any defect likely to interfere with the efficient performance of his duties as a member of the service. [(2) No candidate recommended by the Recruiting Authority under Rule 24 shall be given appointment in service under Rule 26 unless he is found fit by the Medical Authority notified by the Government.] [Provided, for differently abled candidates, the standard for physical fitness will be the same as is applicable for such candidates in `Rajasthan Administrative Service'.] 26. Appointment. - Appointing Authority in consultation with the Court and on being satisfied after such enquiry as it may deem proper that such candidate is suitable in all respects for appointment to the post of Civil Judge, shall appoint in order of merit from the list so prepared under rule 24. B - Recruitment to the Cadre of Senior Civil Judge

27. Source of appointment. - Appointment to the posts in Service to the cadre of Senior Civil Judge shall be made on the basis of merit cum seniority from amongst the Civil Judges only by promotion by the Appointing Authority on the recommendation of the Court. 28. Preparation of list of eligible Civil Judges. - Whenever the vacancies are determined under Rule 7 in the Cadre of Senior Civil Judge and it is decided to fill up the same, a list of eligible candidates falling within the zone of consideration shall be prepared for consideration. 29. Constitution of selection committee. - For appointment to the Service by promotion, a selection committee shall be constituted by the Chief Justice, which shall recommend to the Court, the names of the officers found suitable for promotion. 30. Appointment. - The Appointing Authority shall make appointment in the cadre of Senior Civil Judge on the recommendation of the Court. C - Recruitment to the Cadre of District Judge

31. Source Of Recruitment. - (1) Sixty Five Percent Posts In The Cadre Of District Judge Shall Be Filled In By Promotion From Amongst Senior Civil Judges On The Basis Of Merit-Cum-Seniority Subject To Passing Of Suitability Test As Prescribed. [(2) Ten percent posts in the cadre of District Judge shall be filled in by promotion from Senior Civil Judges strictly on the basis of merit through limited competitive examination conducted by the Court.] (3) Twenty Five percent posts in the cadre of District Judge shall be filled in by direct recruitment from amongst the eligible Advocates on the basis of written examination and interview conducted by the Court. (4) For the purpose of proper maintenance and determination of seniority of persons appointed through the aforesaid sources, a roster for filling of vacancies based on quota of vacancies reserved here-in-above, as given in Schedule-V [shall be maintained. This roster shall operate prospectively.] I - Promotion

32. Recruitment by promotion. - [(1) Sixty Five percent posts in the Cadre of District Judge shall be filled in by promotion from amongst Senior Civil Judges [***] on the basis of merit-cum-seniority, subject to passing of suitability test as prescribed.]] Explanation. - [Qualifying the suitability [test shall not affect the inter-se-seniority of the officers in the Cadre of Senior Civil Judges].] [(2) The recruitment in the cadre of District Judges under sub-rule (2) of rule 31 shall be made by a Limited Competitive Examination conducted by the Court in accordance with the scheme of the examination prescribed under Schedule-VI.] [provided that in the event of non-availability of successful candidates in the limited competitive examination the vacant posts be filled up by regular promotion in accordance with 11 these rules.] (3) A Senior Civil Judge who has completed actual five years service as on the first day of January preceding the last date fixed for the receipt of the applications shall be eligible for appearing in the Limited Competitive Examination for promotion to the Cadre of District Judge. (4) For the purpose of Limited Competitive Examination, applications shall be invited by the Court from all eligible Senior Civil Judges in such manner and in such form as may be specified by the Court. [(5) Candidates who have obtained cut off marks as fixed by the High Court in the Limited Competitive Examination shall be eligible for interview by a Committee consisting of Chief justice, Administrative Judge and three other Judges nominated by the Chief Justice. The Committee taking into consideration the performance at examination, the service record and the performance at the interview shall assess the suitability and recommend the names of the officers for promotion.] [Provided, while considering the service record for assessing the suitability to recommend the names of officers for promotion, it shall be necessary for a candidate to obtain outstanding or very good entries atleast for three years in the last preceding five years with no adverse remarks.] II - Direct recruitment

33. Eligibility for direct recruitment. - For the purpose of direct recruitment under sub-rule (3) of Rule 31, applications shall be invited by the Court from those Advocates, who fulfill the following conditions of eligibility:- (i) must have attained the age of 35 years and must not have attained the age of 45 years on the first day of January following the last date fixed for receipt of the applications:

Provided that:- (a) the upper age limit mentioned above shall be relaxed by 5 years in case of candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women Candidates.

(b) If a candidate would have been entitled in respect of his/her age to appear at the examination in any year in which no such examination was held, he/she shall be deemed to be entitled in respect of his/her age to appear at the next following examination.

[(c) If for any reason, the written examination/interview is cancelled in any particular year, it shall be open to the High Court to grant age relaxation to the candidate to appear in the next examination.]

(ii) must hold a degree of Bachelor of Laws (Professional) of any University established by Law in India and recognised as such under the Advocates Act, 1961.

(iii) must have been an Advocate for a period of not less than seven years on the last date fixed for receipt of applications.

(iv) must possess a thorough knowledge of Hindi Written in Devnagri script and Rajasthani dialects and social customs of Rajasthan.

(v) the character of a candidate must be such as to render him suitable in the opinion of the Court in all respects for appointment to the service. He must produce a certificate of good character from the District Judge of the District in which he has been practising as a lawyer and two such certificates, written not more than six months prior to the date of submission of the application to the Court, from two responsible persons not related to him.

[(vi) a person dismissed by the Central Government or by a State Government or convicted of an offence involving moral turpitude or any such offence, which in the opinion of the Recruiting Authority renders him unsuitable for appointment in Judicial Service shall not be eligible for appointment.]

(vii) no person shall be appointed as a member of the service unless he is in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties as a member of the service. Before a candidate is finally approved for appointment by direct recruitment, he shall be required to appear before a medical board which will examine him and certify if he is fit for appointment to the service.

34. Invitation of application. - Applications for direct recruitment to the post in the cadre of District Judge shall be invited by the Court by publishing a notice to that effect in the Rajasthan Gazette or in such other manner as it may deem fit. 35. Form of application. - Application shall be made in the form prescribed by the Court and obtainable from such places as may be notified in the advertisement, on payment of such fee as may be fixed by the Court from time to time. 36. Submission of application. - (1) While submitting application, candidate shall furnish particulars of 10 Judgments of the preceding seven years in which he has argued personally. He shall produce such judgments at the time of interview also. (2) Every application shall be accompanied by a certificate from the District Judge concerned where ordinarily the applicant is practicing, as to the fitness, character and length of actual practice of the candidate alongwith such other documents as may be specified. [In case the applicant is practicing in the High Court, the certifying authority shall be Registrar of the concerned High Court.] 37. Examination fee. - (1) A candidate for direct recruitment to a post in the service must pay such fee and in such manner as may be prescribed by the Court from time to time. (2) No claim for the refund of the examination fee shall be entertained nor the fee shall be held in reserve for any other examination unless the candidate is not admitted to the examination by the Court. [38. Scrutiny of applications. - The Committee constituted by the Chief Justice shall scrutinize the applications and shall satisfy itself before granting certificate in each case that the application has been made strictly in accordance with the provisions of these rules and the decision as to the eligibility or otherwise of the candidates for admission to the examination shall be final. No candidate shall be admitted to the examination unless he holds a certificate of admission issued by the person authorized by the Chief Justice.] 39. Syllabus. - Syllabus for the competitive examination shall be as specified by the Recruiting Authority from time to time. The scheme of the examination shall be as prescribed in Schedule- VII. [40. Examination. - (1) A competitive examination for direct recruitment to the cadre of District Judge shall be held by the Court every year on or before the dates specified in Schedule-III.] (2) A Candidate who obtains such qualifying marks in written examination, as may be fixed by the Court, shall be called for interview. Note:- Number of persons called for interview shall not exceed three times the number of vacancies advertised in each category.

[(3) The Committee consisting of the Chief Justice, the Administrative Judge and three other Judges nominated by the Chief Justice shall interview the candidates.] 41. List of selected candidates. - The Committee shall prepare the merit list category wise on the basis of aggregate marks obtained in written examination and interview considering the suitability in general. [***] [Provided [***] that notwithstanding anything contained in any rule or schedule, and having regard to the requirement of efficiency in service, the court may determine such cut off marks as considered fit for being recommended for appointment.] III - Appointment

[42. Select List - As far as possible, a select list by putting candidates in cyclic order as provided in Schedule-V, shall be prepared by the Court.] 43. Appointment. - On receipt of the select list prepared under rule 42 from the Court, the Appointing Authority after satisfying that the candidates recommended by the Court for appointment are duly qualified in all respects, shall appoint them to the service. D - Probation, Confirmation and Seniority.

44. Probation. - All persons appointed to the service in the cadre of Civil Judge and District Judge by direct recruitment shall be placed on probation for a period of two years: Provided that such of them as have previous to their appointment to the service officiated on temporary post in the service may be permitted by the Appointing Authority on the recommendation of the Court to count such officiation or temporary service towards the period of probation. 45. Confirmation. - (1) A probationer appointed to the service in the cadre of Civil Judge shall be confirmed in his appointment by the Court at the end of his initial or extended period of probation, if the Court is satisfied that he is fit for confirmation. (2) A person appointed to the service in the cadre of Senior Civil Judge by promotion shall be substantively appointed by the Court in the cadre as and when permanent vacancies occur. (3) A probationer appointed to the service in the cadre of District Judge by direct recruitment shall be confirmed in his appointment by the Court at the end of his initial or extended period of probation, if the Court is satisfied that he is fit for confirmation. (4) A person appointed to the service in the cadre of District Judge by promotion on the basis of merit-cum-seniority or by Limited Competitive Examination shall be confirmed in his appointment by the Court on availability of permanent vacancies in the cadre. 46. Unsatisfactory progress during probation and extension of probation period. - (1) If it appears to the Court, at any time, during or at the end of the period of probation that a member of the service has not made sufficient use of the opportunities made available or that he has failed to give satisfactory performance, the Appointing Authority may, on recommendations of the Court, discharge him from service: Provided that the Court may, in special cases, for reasons to be recorded in writing, extend the period of probation of any member of the service for a specified period not exceeding one year. (2) An order sanctioning such extension of probation shall specify the exact date up to which the extension is granted and further specify as to whether the extended period will be counted for the purpose of increment. (3) If the period of probation is extended on account of failure to give satisfactory service, such extension shall not count for increments, unless the authority granting the extension directs otherwise. (4) If a probationer is discharged from service during or at the end of the initial or extended period of probation under sub-rule (1), he shall not be entitled to any claim whatsoever. 47. Seniority. - Subject to the other provisions of these Rules,- (1) Seniority in the service in the cadre of Civil Judge shall be determined from the date of the order of substantive appointment to the service :

Provided that the seniority of candidates appointed to the service shall, in the case of appointment of more persons than one follow the order in which they have been placed in the list prepared by the Recruiting Authority under Rule 24 of these Rules. (2) Inter-se seniority of persons promoted to the Senior Civil Judge cadre in the same year shall be the same as it was in the post held by them at the time of promotion.

(3) Seniority of persons appointed to the Service in the District Judge cadre by direct recruitment shall be determined from the date of the order of substantive appointment in the cadre:

Provided that the seniority of direct recruitee to the cadre, in the case of appointment of more persons than one by an order of the same selection, shall follow the order in which they have been placed in the list prepared by the Court under Rule. 41 (4) Inter-se seniority of persons promoted to the District Judge cadre in the same year shall be the same as it was on the post held by them at the time of promotion.

(5) The seniority of direct recruitee vis-a-vis the promotee appointed to the cadre of District Judge shall be determined in the order of their names placed in the [***] select list prepared under rule 42:

Provided that the persons promoted under Rule 15 shall not be given seniority over the direct recruitee. Part - V

Other Provisions

48. Grant of scale under the Assured Career Progression Scheme. - (1) Subject to appraisal of their work, and performance by the Court, the Officers of the Civil Judge cadre and Senior Civil Judge cadre, who though, otherwise fit and suitable for promotion have not been so promoted for want of vacancy in the cadre for their promotion, shall in lieu of promotion be granted Assured Career Progression Scales by the Court as under:- (a) an officer of the Civil Judge cadre shall be eligible for the grant of first and second Assured Career Progression Scales (ACP-I & ACP-II) on completion of 5 and 10 years of continuous satisfactory service in the respective scales.

(b) an officer of the Senior Civil Judge cadre shall be eligible for the grant of first and second Assured Career Progression Scale (ACP-I & ACP-II) on completion of 5 and 10 years continuous satisfactory service in the respective scales.

(2) Assured Career Progression Scale of pay shall not be granted to those officers who have declined or forgone regular promotion on any ground. (3) Any officer to whom Assured Career Progression Scale of pay has been granted, refuses functional promotion to the higher cadre in his turn of promotion shall be reverted to his original pay scale. (4) Scales of pay of Assured Career Progression-I and Assured Career Progression-II shall be such as may be prescribed by the Government under the rules governing pay scales of the Judicial Officers. [49. Grant of selection scale to District Judges. - The Officers of the District Judge cadre, who have put in not less than 5 years service shall be granted selection scale by the Court on the basis of merit to the extent of 25 percent of the effective strength of District Judges.] [50. Grant of super-time scale to District Judges. - The Officers of the District Judge cadre, who have put in not less than three years service in the selection scale shall be granted super-time scale by the court on the basis of merit after taking into consideration the entire service record to the extent of 10 percent of effective strength of District Judges.] Part-VI

Pay, Allowances, Amenities, Advances and Other Financial Benefits.

51. Pay scales. - The pay scales of the persons appointed to the posts in the service shall be governed by the Orders issued in this behalf by the Governor, from time to time. 52. Pay, allowances, amenities, advances and other financial benefits. - Every member of the service in addition to any other allowances, amenities and advances availed by him and admissible to him under the rules/orders made by the Government from time to time, shall be entitled to receive or reimburse the following allowances, amenities, and financial benefits on and from the date and in such manner as may be specified by the Government from time to time by general or special order, namely:- 1. Supply of News paper(s) and magazine,

2. City Compensatory Allowance,

3. Robe Allowance,

4. Conveyance Allowance,

5. Sumputuary Allowance,

6. Medical Facility,

7. Leave Travel Concession,

8. Home Travel Concession,

9. Concurrent Charges Allowance,

10. Transfer Grant,

11. Reimbursement of Electricity and Water Charges,

12. Soft Loan and Advances,

13. Rent free furnished Government Accommodation or House Rent Allowance,

14. Telephone Facilities,

15. Benefit of Leave encashment, and

16. Any other facility as may be provided to the Judicial Officers from time to time by the State Government or the Central Government.

53. Leave, allowances and pension etc. - Except as otherwise provided in these Rules and until separate rules are framed by the Government in this regard, the allowances, pension, leave, conduct and other conditions of service of the members of the Service shall be regulated by the following Rules, as amended from time to time, namely:- 1. The Rajasthan Service Rules, 1951, as amended from time to time;

2. The Rajasthan Civil Services (Classification and Appeal) Rules, 1958, as amended from time to time;

3. The Rajasthan Civil Services (Conduct) Rules, 1971, as amended from time to time;

4. The Rajasthan Civil Services (Pension) Rules, 1996, as amended from time to time;

5. The Rajasthan Travelling Allowances Rules, 1971, as amended from time to time; and

6. Any other Rules governing general conditions of service, made by the Governor in Exercise of powers conferred under the proviso to Article 309 of the Constitution of India and for the time being in force and applicable to the members of the State Services.

Provided that An advocate appointed as a Civil Judge or District Judge, shall be entitled to reckon as service qualifying for superannuation pension and other retrial benefit the actual period of practice put in by him at the Bar, not exceeding three years or seven years respectively.*

  • Notification No. 1(3) DOP/A-II/2010 Dated 30-03-2015

[Provided that an Advocate appointed as Civil Judge or a District Judge, shall be entitled to reckon as service qualifying for superannuation pension and other retiral benefits, the actual period of practice put in by him at the Bar, not exceeding three years or seven years respectively.] Part - VII

Miscellaneous

54. Oath. - Every person appointed to the service shall make and subscribe an oath or affirmation in the prescribed form set out for this purpose in Annexure-"A" appended to these rules. 55. Deputation. - (1) Any member of the service may be deputed by the Governor, in consultation with the Court to perform the duties of any post in the Central Government or a State Government or to serve in a body incorporated or not, which is wholly or substantially owned or controlled by the Government. (2) The terms and conditions for placing a member of the Service on deputation shall be such as may be specified by the Government in consultation with the Court. (3) Such deputation shall not be for more than three years, which shall not be extended further in any case beyond a period of two year except by the Court for special reasons to be recorded. (4) A member of the service repatriated back from deputation shall not be sent on deputation again before completion of a period of five years on a judicial post under the Court. 56. Re-employment. - The Appointing Authority in case of temporary vacancy in the Cadre of District Judge on the recommendation of the Court may provide re-employment to a retired Judicial Officer in the District Judge Cadre till the age of 62 years. 57. Repeal and savings. - The Rajasthan Higher Judicial Service Rules, 1969 and the Rajasthan Judicial Service Rules, 1955, as amended from time to time, are hereby repealed: Provided that such repeal shall not affect any order made, action taken, effects and consequences of anything done or suffered there under or any right, privilege, obligation or liability already acquired, accrued or incurred there under, or enquiry, verification, or proceedings in respect thereof made.