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UPHJS Rules 1975 Amended Upto 11 01 2024

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The Uttar Pradesh Higher Judicial Service Rules,

1975
In exercise of the powers conferred by the proviso to Article 309, read with
Article 233, of the Constitution, the Governor, in super session of the existing
rules, is pleased to make the following rules regulating the recruitment and
appointment to the Uttar Pradesh Higher Judicial Service and conditions of
service and of persons appointed thereto.

PART I
General
1. Short title and commencement – (1) These rules may be called the
Uttar Pradesh Higher Judicial Service Rules, 1975.
(2) They shall come into force with effect from the date of their notification
in the Official Gazette.

2. Status of the service – The Uttar Pradesh Higher Judicial Service is a


State Service comprising Class I posts.

3. Definitions – In these rules unless the context otherwise requires --


(a) “Constitution” means the Constitution of India;
(b) “Governor” and “Government” means respectively the Governor and
Government of Uttar Pradesh;
(c) “The Service” means the Uttar Pradesh Higher Judicial Service.
(d) “Court” means the High Court of Judicature at Allahabad.

PART II
Cadre
4. Strength of the Service – (1) The Service shall consist of a single
cadre comprising the posts of --
(a) District and Sessions Judges, and
(b) Additional District and Sessions Judges;

Provided that against a post of Additional District and Sessions Judge a


member of the Uttar Pradesh Judicial Officers Service may be appointed to
exercise the powers of Additional Sessions Judge only as laid down in
Notification No. 41-13/66-Apptt.-4, dated March 12, 1975 issued under Article
237 of the Constitution.

(2) The strength of the Service shall be such as may be determined from
time to time by the Governor in consultation with the Court.

(3) The permanent strength of the Service, shall, unless varied by orders
passed in this behalf, be as specified in Appendix “A”.

(4) The Governor may, from time to time, in consultation with the Court
leave unfilled or hold in abeyance, any vacant post in the Service without entitling
any person to compensation or create from time to time, Additional posts,
temporary or permanent, as may be found necessary.

PART III
Recruitment
5. Sources of Recruitment – [2] The recruitment to the service shall be
made-
(a) by promotion from amongst the Civil Judges (Senior Division) on the
basis of Principle of merit-cum-seniority and passing a suitability test.
_________________________________________________________________________________________________________________________________
1. Vide Noti. No. 14-13/1966-A, Appointment-4, dated March 21, 1975 (published in U.P. Gazette Part
1-A dated 5.4.1975).
2. Vide Noti. No. 54/II-4-07-36(1)/2005, dated January 9, 2007, (published in U.P. Gazette Part 1-A
dated 21.4.2007).
2

(b) by promotion strictly on the basis of merit through limited competitive


examination of Civil Judges (Senior Division) having not less than five years
qualifying service;

(c)[2a] By direct recruitment from amongst the Advocates who have been, for
not less than seven years, practicing as an Advocate, as on the last date fixed for
the submission of application forms;

Provided that only such advocates shall be permitted to appear in the


examination process who have been engaged independently for conducting not
less than 30 cases (other than bunch cases) for Unreserved categories and 24
cases (other than bunch cases) for Scheduled Castes, Scheduled Tribes and
Other Backward Classes in the preceding three years, from the year of
publication of advertisement for recruitment, before any Court. The certificate of
such independent engagement may be issued by District & Sessions Judge of
the District or Registrar General/Registrar of High Courts or Secretary General of
Supreme Court, as the case may be.

6. Quota-[3] Subject to the provisions of rule 8, the quota for various


sources of recruitment shall be -
(i) Uttar Pradesh Nyayik Sewa:
(a) from amongst the Civil Judges (Senior Division) on the basis of merit-cum-
seniority and passing a suitability test -- 65%
(b) On the basis of merit through limited competitive examination of Civil Judges
(Senior Division) having not less then five years service--10%

Provided that in case of there being any shortfall in the vacancies to be


filled up on the basis of in cadre competitive examination, the short fall of 10%
reserved for such promotion will be made good by corresponding increase in the
quota reserved for promotion of Civil Judge (Senior Division) referred to in
Clause (i) (a).

(ii) Direct recruitment from Bar -- 25%

Provided that where the number of vacancies to be filled in by any of the


sources in accordance with the quota is in fraction, less than half shall be ignored
and the fraction of half or more shall ordinarily be counted as one:

7. Reservation of appointments[4] – Reservation to posts in the service


for the members of the Scheduled Castes, Scheduled Tribes and other
categories including women shall be in accordance with orders of the
Government for reservation as adopted by the High Court.

Provided that twenty percent horizontal reservation for women to posts in


service in direct recruitment from Bar in Uttar Pradesh Higher Judicial Service
shall be subject to suitability i.e. if the sufficient number of women candidates is
not available, then and in that event the reservation shall not have any operation
to the extent of such unavailability.

Provided further that there shall be no carry forward of reservation for


women.
_________________________________________________________________________________________________________________________________
2a. Vide Noti. No.174/two-4-2016-36(1)2005 T.C. dated December 20, 2016.
Subs. Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
3. Vide Noti. No. 54/II-9-07-36(1)/2005, dated January 9, 2007 (published in U.P. Gazette Part 1-A
dated 21.4.2007) R/w Noti. No. 1090/II-4-07-36 (1)/2005, dated April 10, 2007 (published in U.P.
Gazette dated 23.6.2007.) Substituted vide No. 82/two-4-2014-36(1)/2005 T.C. Dated Lucknow,
January 29, 2014.
4. Subs. by Noti. No. 53/II-4-07-36(1)/2005 dated January 9, 2007 (published in U.P. Gazette Part 1-A
dated 21.4.2007).
3

[4a]
Provided that four percent of vacancies shall be reserved for the
following persons with “benchmark disabilities”, namely:-
(i) One percent for the persons in the following category of disabilities
under the category of 'Locomotor disability' (as defined in the Schedule
appended to the Rights of Persons with Disabilities Act, 2016):-
(a) Locomotor disability of One Arm, One Leg and Both Legs;
(b) Leprosy cured person;
(c) Dwarfism;
(d) Acid attack victims;
(ii) One percent for the persons with 'Low vision' under the category of
'Visual Impairment' (as defined in the Schedule appended to the Rights of
Persons with Disabilities Act, 2016);
(iii) One percent for the persons with 'hard of hearing' under the category
of 'Hearing Impairment' (as defined in the Schedule appended to the
Rights of Persons with Disabilities Act, 2016);
(iv) Remaining One percent for the persons mentioned in the above
clauses (i), (ii) & (iii), on rotation basis.
Explanation :- The roster points meant for the candidates with benchmark
disabilities mentioned in clauses (d) and (e) of sub-section (1) of Section
34 of the said Central Act, shall be allotted to the candidates in categories
(i) to (iii) mentioned above, in the same order:
Provided further that the candidates who are able to perform the following
physical activities alone are Eligible:-
(a) Work performed by Sitting;
(b) Work performed by Standing;
(c) Work performed by Walking;
(d) Work performed by Seeing;
(e) Work performed by Hearing;
(f) Work performed by Reading and Writing;
(g)Communicating (Communicating would also include verbal or non-
verbal communication).

8. Number of appointments to be made -- (1) The Court, shall, from time


to time, but not later than three years from the last recruitment, fix the number of
officers to be taken at the recruitment keeping in view the vacancies then existing
and likely to occur in the next two years.

Note - The limitation of three years mentioned in this sub-rule shall not
apply to the first recruitment held after the enforcement of these rules.

(2)[5] If at any selection the number of selected direct recruits available for
appointment is less than the number of recruits decided by the Court to be taken
from that source, the Court may increase correspondingly the number of recruits
to be taken by promotion from the Nyayik Sewa;

Provided that the number of vacancies filled in as aforesaid under this


sub-rule shall be taken into consideration while fixing the number of vacancies to
be allotted to the quota of direct recruits at the next recruitment, and the quota for
direct recruits may be raised accordingly; so, however, that the percentage of
direct recruits in the service does not in any case exceed 25% of strength of the
service:

9. Nationality – A candidate for recruitment to the Service must be ---


(a) a citizen of India, or
(b) a subject of Sikkim, or
________________________________________________________________________________________________________________________________
4a. Vide Noti. No. 182/Two-4-2023-36(1)/2005 T.C. Dated : Lucknow, March 20, 2023.
5. Subs. by Noti. No. 54/II-4-07-36(1)/2005 dated January 9, 2007 (published in U.P. Gazette Part 1-A
dated 21.4.2007).
4

(c) a Tibetan refugee who came over to India before 1st January, 1962
with the intention of permanently settling in India, or

(d) a person of Indian origin who has migrated from Pakistan, Burma,
Ceylon or any of the East African countries of Kenya, Uganda, and the United
Republic of Tanzania (formerly Tanganayika and Zanzibar) with the intention of
permanently settling in India;
Provided that a candidate belonging to category (c) or (d) above shall be a
person in whose favour a certificate of eligibility has been issued by the State
Government;
Provided further that a candidate belonging to category (c) will also be
required to obtain a certificate of eligibility granted by the Intelligence Department
(Headquarters), Lucknow, Uttar Pradesh;
Provided also that if a candidate belonging to category (d) above, no
certificate of eligibility will be issued for a period of more than one year, and such
a candidate may be retained in service after a period of one year, only if he has
acquired Indian citizenship.

Note - A candidate in whose case a certificate of eligibility is necessary but


same has neither been issued nor refused, may be admitted to an examination or
interview and he may also be provisionally appointed subject to the necessary
certificate being obtained by him or issued in his favour subsequently.

10. Eligibility of Women -- Women are also eligible for appointment to


the service.

11. Knowledge of Hindi – A candidate for recruitment to the service must


posses a thorough knowledge of Hindi in Devnagri Script.

12. Age[6] – A candidate for direct recruitment must have attained the age
of 35 years and must not have attained the age of 45 years on the first day of
January next following the year in which the notice inviting applications is
published;
Provided that the upper age limit shall be higher by three years in case
of candidates belonging to Scheduled Castes and Scheduled Tribes and such
other categories as may be notified by the Government from time to time.

13. Character – (1) The character of a candidate for direct recruitment


must be such as to render him suitable in the opinion of the Governor, in all
respects for appointment to the service.

Note - Persons dismissed by the Union Government, or by a State


Government or by a Corporation owned or controlled by the Union or State
Government shall not be eligible for recruitment.
(2) The candidates for direct recruitment must produce a certificate of good
character from the District Judge of the district in which they have been
practising, and in the case of candidates normally practising in the High Court,
from the Registrar of the High Court and also from two responsible persons of
status (not related to candidates) who are well acquainted with them in private
life and are unconnected with their University, College or School.

14. Marital Status – A male candidate who has more than one wife living,
or a female candidate who has married a man already having a wife living shall
not be eligible for appointment to any posts in the service.
________________________________________________________________
6. Subs. by Noti. No. 54/II-4-07-36 (1)/2005, dated January 9, 2007, (published in U.P. Gazette Part 1-
A dated 21.4.2007) R/w Noti. No. 1090/II-4-07-36(I)/2006 dated April 10, 2007, (published in U.P.
Gazette dated 23.6.2007).
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Provided that the Governor may, if satisfied that there exist special
grounds for doing so, exempt any person from the operation of this rule.

15. Physical fitness – No person shall be appointed to the service by


direct recruitment 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 person is appointed he shall be required to
appear before the Medical Board who will examine him and certify as fit or unfit
for appointed to the service.

16. Selection Committee – (1) The Chief Justice shall for each
recruitment to the Service, appoint a Selection Committee consisting of such
number of Judges of the Court, not less than three, as he may decide.

(2) No proceeding of the Selection Committee shall be invalid merely by


reason of a vacancy occurring in it, or by a member or members being not
present at one or more of its meeting, provided that a majority of the members of
the Committee have been present at each meeting.
(3)[7] The Selection Committee shall, with the approval of Chief Justice,
prescribe pattern and syllabus of examination to be conducted under clause (b)
and (c) of sub-rule (1) of rule 18, sub-rule (1) of rule 20 and sub-rule (1) and (4)
of rule 21.

PART IV
Procedure for Direct Recruitment
17. Direct Recruitment – (1) Applications for direct recruitment to the
service shall be invited by the Court by publishing a notice to that effect in the
leading news papers of State and shall be made in the form prescribed from time
to time to be obtained from the Registrar of the Court on payment of the
prescribed fee.
(1-A)[8] Pattern and syllabus as prescribed by Selection Committee shall be
part of the notice mentioned in sub-rule (1).

(2) The application shall be submitted to the Court by the candidate


through the District Judge within whose jurisdiction the candidate has been
practising, and in the case of members of the Bar normally practising in the High
Court, through the Registrar of the High Court. The application shall be
accompanied by certificates of age, academic qualifications, character, standing
as a legal practitioner and such other documents as may be required to be
furnished.

(3) The District Judge shall forward to the Court all applications received
by him along with his own estimate of each candidate's character and fitness for
appointment to the Service.

18. Procedure of Selection[9] --


(1)[10] The Selection Committee referred to in Rule 16:
(a) shall scrutinise the applications received;
________________________________________________________________
7. Inserted Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
8. Inserted Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
9. Subs. By Noti. No. 54/II-4-07-36 (1)/2005, dated January 9, 2007 (published in U.P. Gazette Part 1-
A dated 21.4.2007) read with Noti. No. 1090/II-4-07-36(I)/2006 dated April 10, 2007 (published in U.P.
Gazette dated 23.6.2007).
10. Subs. Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
6

(b) may, if number of eligible applicants exceed 10 times of the number of


vacancies, hold a preliminary examination for judging suitability of candidates to
be admitted in written examination. The preliminary examination shall consist of
one paper of 100 marks of two hours duration from the syllabus as prescribed
under Rule 16;
Provided that only those candidates shall be treated to be eligible for the
main written examination who secure minimum 45% marks in the preliminary
examination subject to 20 times of the number of vacancies category-wise i.e.,
General, Scheduled Castes, Scheduled Tribes and Other Backward Classes.
(c) shall hold a written examination in accordance with the syllabus as
prescribed under Rule 16 for judging suitability of the candidates.
(d) shall call for interview such applicants who, in its opinion, have
qualified in written examination.
(1 - A)[10a]
(2) In assessing the merits of a candidate the Selection Committee shall
have due regard to his professional ability, character, personality and health.

(3) The Selection Committee shall make a preliminary selection and submit
the record of all candidates to the Chief Justice and recommend the names of
the candidates in order of merit who, in its opinion, are suitable for appointment
to the Service.

(4) The Court shall examine the recommendations of the Selection


Committee and having regard to the number of direct recruits to be taken,
prepare a list of selected candidates in order of merit and forward the same to
the Governor.

19. Fee[11] – The candidates for direct recruitment shall pay such
examination fee as may be determined by the Selection Committee from time to
time.
PART V
Procedure for Recruitment by Promotion
20. Promotion of members of the Nyayik Sewa as referred to in rule
5(a).[12]
(1)[13] Recruitment by promotion of members of the Nyayik Sewa shall be
made by selection on the principle of merit-cum-seniority and on passing such a
suitability test, as prescribed under rule 16.
(2) The field of eligibility for recruitment by promotion shall be confined to
four times the number of vacancies to be filled by promotion. The selection
Committee shall prepare a list in order of seniority of the officers eligible under
Rule 5(a) of these rules.
(3) The Selection Committee shall, after examining the record of the
officers included in the list prepared under sub-rule (2) of this rule make a
preliminary selection of the officers who in its opinion are fit to be appointed on
the basis of merit-cum-seniority. In assessing the merit of a candidate, the
Selection Committee have due regard to his service record, ability, character and
seniority. The list shall contain the names of officers twice the number of
vacancies required to be filled by promotion of the members of the Nyayik Sewa.
10a. Omitted. Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
11. Subs. By Noti. No. 388/two-4-2014-36(1)/2005 T.C., dated Lucknow, May 08, 2014.
12. Subs. by Noti. No. 54/II-4-07-36 (1)/2005, dated January 9, 2007,( published in U.P. Gazette Part
1-A dated 21.4.2007) read with Noti. No. 1090/II-4-07-36(I)/2006 dated April 10, 2007 ( published in
U.P. Gazette dated 23.6.2007).
Substituted vide No. 82/two-4-2014-36(1)/2005 T.C. Dated Lucknow, January 29, 2014.
13. Subs. Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
7

(4) The Selection Committee shall forward the list of the candidates
chosen at the preliminary selection to the Chief Justice along with the names of
the Officers who, if any, in the opinion of the Committee have been passed over
for promotion to the Service.

(5) The Court shall examine the recommendations of the Selection


Committee and make a final selection for promotion and prepare a list in order of
seniority of the candidates who are considered fit for promotion and forward the
same to the Governor. The list shall remain operative only till the next
recruitment.

PART VI
Recruitment of Judicial Magistrates

21. Promotion of such members of the Nyayik Sewa as referred to in


rule 5 (b).[14]
(1)[15] Recruitment by promotion of members of Nyayik Sewa as referred to
in rule 5(b) shall be made by selection, strictly on the basis of merit through a
limited competitive examination as prescribed under rule 16.

(2) Application for recruitment to the service from such sources shall be
invited by the Court through District Judges.

(3) The District Judge shall forward to the Court all application received by
him along with his own estimate of each candidate's character and fitness for
appointment to the service.

(4)[15a] The selection Committee referred to in rule 16 shall scrutinize the


applications received and shall hold a limited competitive examination, as
prescribed under rule 16.

(5) The Selection Committee shall prepare a select list on the basis of the
merit of the successful candidates.

(6) The Committee shall make a preliminary selection and submit the
record of all candidates to the Chief Justice and recommend the names of the
candidates in order of merit who, in its opinion, are suitable for appointment to
the service.

(7) The Court shall examine the recommendations of the Selection


Committee and make a final selection for appointment in HJS cadre and prepare
a list in order of merit and forward the same to the Governor. The list shall remain
operative only till the next recruitment.

PART VII
Appointment, Probation and Confirmation

22. Appointment[16] – (1) Subject to the provisions of sub-rule (2), the


Governor shall, on receipt from the Court of the list mentioned in Rules 18, 20
and 21 make appointments to the service on the occurrence of substantive
vacancies by taking candidates from the list in the order in which they stand in
the respective lists in accordance with the roster.
14. Subs. by Noti. No. 54/II-4-07-36 (1)/2005, dated: January 9, 2007 (published in U.P. Gazette Part
1-A dated 21.4.2007) read with Noti. No. 1090/II-4-07-36(I)/2006 dated April 10, 2007 (published in
U.P. Gazette dated 23.6.2007).
15. Subs. Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
15a. Subs. Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
16. Subs. by Noti. No. 3182/II-4-09-36(1)/2005, dated Lucknow, August 28, 2009.
Substituted vide Noti. 82/two-4-2014-36(1)/2005 T.C. Dated: Lucknow, January 29, 2014.
8

(2) Appointments to the service shall be made on the basis of roster


system, the first post shall be filled from the list of promotees, the second post
shall be filled up by direct recruit, the third and fourth posts shall be filled up from
the list of promotees and fifth post shall be filled up by the candidate selected
strictly on merit through LDCE (and so on) according to the roster as prescribed
in Appendix '1', which will cease to become operative on the date the respective
three streams achieve their full allotted vacancies. Thereafter on account of
arising any vacancy in quota of respective stream the same could be filled-up
from the same stream of which vacancy arises;
Provided that while following the roster at no point of time the respective
percentage of posts filled from direct recruit and LDCE shall exceed 25% and
10% of the strength of service. In case the percentage is exceeding the allotted
quota, in such eventuality the promotee shall occupy the vacancy which would
have gone to the direct recruit or LDCE, had not the same been in excess of 25%
and 10% respectively of either of the two.

(3) In the eventuality of delay in making appointment under sub-rule(1)


and further if exigency of service so requires, the Governor may, in consultation
with the Court, make short term appointment as a stop-gap arrangement from
amongst the promotees, in the vacancy in these services till the appointments
are made under sub-rules (1) and (2):

Provided that the period of service spent by the promotees on a short term
appointment to the service as a stop-gap arrangement shall not be computed
under Rule 26.

23. Probation[17] – (1) All persons shall on appointment to the service in


substantive vacancies be placed on probation. The period of probation shall, in
each case, be two years, provided that the period for which an officer has been
continuously officiating immediately prior to his appointment may be taken into
account for the purpose of computing the period of probation.

(2)(a) The Court may, in special cases, extend the period of probation up
to a specified date:
Provided that the total period of probation shall not ordinarily exceed
three years.
(b) An order sanctioning such extension of probation shall specify
whether or not such extension shall count for increment in the time scale.

(3) If it appears to the court at any time during or at the end of the period
of probation, or extended period of probation, as the case may be, that a
probationer has not made sufficient use of his opportunities or has otherwise
failed to give satisfaction, it may make recommendation to the appointing
authority whereupon the appointing authority may revert the probationer to his
substantive post, if any, or if he does not hold a lien on any post, his services
may be dispensed with.

(4) A person whose services are dispensed with or who is reverted under
sub-rule (3) shall not be entitled to any compensation.

24. Confirmation[18] – A probationer shall be confirmed in his appointment


in the service at the end of the period of probation or at the end of the extended
period of probation if the Court is satisfied that he is fit for confirmation and his
integrity is unquestionable.
________________________________________________________________
17. Rule 23 subs. by Noti. No. 6214/II-36-77 dated: 25.10.1977, (published in U.P. Extra Ordinary
Gazette dated 26.10.1977).
18. Rule 24 substituted by Noti. No. 6214/II-36-77 dated: 25.10.1977, (published in U.P. Extra Ordinary
Gazette dated 26.10.1977).
9

Explanation - Officers confirmed on the post of Civil & Sessions Judge


(now designated as Additional District and Sessions Judge), or on the post of
Additional District and Sessions Judge shall not be required to be confirmed on
the post of District and Sessions Judge.

25. Appointment and confirmation to be notified in Gazette – All


appointments and confirmations under these rules shall be notified in the State
Gazette.

26. Seniority[19] – (1) Seniority of the officers appointed in the Service


shall be determined in accordance with the order of appointment in the Service
under sub-rules (1) and (2) of Rule 22 of these rules.

(2) Seniority of members of the service who have been confirmed in the
service prior to the commencement of these rules shall be as has been
determined by the order of the Government as amended from time to time.

PART VIII
Other Provisions

27. Appointment to the selection grade. [20] – Appointment to the


Selection grade posts (to the extent of 35% of the cadre posts of District Judges)
in Service shall be made by the Court from amongst the members of the service
who have put in not less than 5 years of continuous service in the cadre on the
basis of merit-cum-seniority.
27- A. Appointment to Super Time Scale. [20a] – Appointment to Super
Time Scale posts (to the extent of 15% of sanctioned cadre strength of the
District Judges) in the Service shall be made by the Court from amongst the
members of the service holding Selection Grade posts and who have put in not
less than 3 years of continuous service as Selection Grade District Judges on the
basis of merit-cum-seniority.

28. Appointment to Special posts. – Appointment to special posts (for


example, the posts of Judicial Secretary-cum-Remembrancer, Joint L.R., Deputy
L.R., Registrar, Additional Registrar and Joint Registrar) shall be in temporary
capacity and shall be made on the criteria of fitness of an officer for such
appointment.

29. Scale of Pay. – The scale of pay admissible to the persons appointed
to the service, whether in substantive or officiating capacity or as a temporary
measure, shall be as decided by the Government from time to time.

30. Efficiency Bar. – (1) No member of the service shall be allowed to


cross the first efficiency bar unless in the opinion of the Court his judicial work is
good and his integrity is beyond question.

(2) No member of the Service shall be allowed to cross second efficiency


bar unless in the opinion of the Court his judicial work and administrative ability
are good and his integrity is beyond question.
19. Subs. by Noti. No. 3245/II-4-95-36(1)-95 dated: February 23, 1996 (published in U.P. Gazette
(Extra) Part -4 Sec. (ka) dated: March 15, 1996).
20. Subs. by eighth amendment vide Noti. No. Misc. 1023/Two-4-2012-36(1)/2005 T.C. Dated:
Lucknow, June 07, 2012.
Subs. by fifteenth amendment vide Noti. Misc. No. 656/Two-4-2023-36(1)/2005 T.C. Dated: Lucknow,
November 30, 2023, to be deemed to have come into force with effect from January 01, 2020.
20a. Subs. by fifteenth amendment vide Noti. Misc. No. 656/Two-4-2023-36(1)/2005 T.C. Dated:
Lucknow, November 30, 2023, to be deemed to have come into force with effect from January 01,
2020.
10

31. Fixation of pay. – (1) (a) The initial pay of a officer promoted to the
Service from the Nyayik Sewa shall be fixed at the stage next above the amount
equal to the officers pay, or presumptive pay in the ordinary time-scale of the
Uttar Pradesh Nyayik Sewa, plus an increase at the rate of one increment in the
time-scale for the U.P. Higher Judicial Service for every three years of service in
the Nyayik Sewa subject to a minimum increase of Rs. 200 and a maximum
increase of Rs. 300;

Provided that when with the prescribed increase calculated as aforesaid,


the figure arrived at corresponds to a stage in the time scale for the Service,the
pay shall be fixed at that stage and not at the next higher stage.

Note - The pay of an officer of the Nyayik Sewa, who is appointed to


officiate in the service shall be refixed on each occasion when he gets an
increment in his pay in his permanent post as though he has been promoted to
the Service on the date of such increment.

(b) The initial pay of an officer appointed from the U.P. Judicial Officers
Service shall be fixed at the stage in the scale next above the amount equal to
the officers' pay or presumptive pay in the time-scale of the selection grade of the
U.P. Judicial Officers Service prescribed for Judicial Magistrates plus an increase
at the rate of one increment in the time-scale for the U.P. Higher Judicial Service
for every three years of service in the U.P. Judicial Officers Service subject to a
minimum increase of Rs. 200 and maximum increase of Rs. 300;

Provided that when with the prescribed increase calculated as aforesaid,


the figure arrived at corresponds to a stage in the time scale for the Service the
pay shall be fixed at that stage and not at the next higher stage:

Provided further that where the pay of an officer who has been promoted
to the post of Chief Judicial Magistrate or any other higher post is higher than the
pay admissible to him on his appointment to the service as fixed under this sub-
rule, the difference between his pay in that post and his pay in the service will be
allowed as personal pay to be absorbed in future increment.

Note – The pay of an officer of the U.P. Judicial Officers' Service who is
appointed to officiate in the service, shall be refixed on each occasion when he
gets an increment in his pay in his permanent post as though he had been
promoted to the service on the date of such increment.

(2) In addition to the pay which may be drawn by a member of the service
under this rule, he shall while holding a special post, receive the special pay also
as may be admissible for such post .

32. Canvassing – Any attempt on the part of any person applying for
recruitment, to enlist support directly or indirectly for his candidature by an unfair
means shall disqualify him for appointment.

33. Loyalty – Every person selected for appointment to the service shall,
before taking over charge of office take an oath of allegiance or solemn
affirmation that he shall be loyal to the Constitution of India and the laws.

34. Regulation of other matters – In regard to the matters not specifically


covered by these rules or by special orders, persons appointed to the service
shall be governed by the rules, regulations and orders applicable generally to
Government Servants serving in connection with the affairs of the Uttar Pradesh.
11

Appendix 'A' [See Rule 4(3)][21]

The strength of the service as on 31.03.2019 is as follows –


District and Sessions Judge, Additional District
and Sessions Judge (including Special Courts
created from time to time for trying specific cases
such as Commercial Disputes, Land Acquisition,
Motor Accident Claim Petitions, etc.)
(a) Permanent 799
(b) Temporary 541
Total 1340

Appendix ‘G’ [22]


Appendix ‘G-1’ [23]
Appendix ‘H’ [24]
_____________________________________________________________________________________________________________________________________

21. Subs. Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
22. Omitted Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
23. Omitted Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
24. Omitted Vide Noti. Misc. No. 30/Two-4-2024-36(1)/2005 T.C. Dated: Lucknow, January 11, 2024.
12

Appendix '1' [***]


(See Rule 22)
The Roster to be followed for appointment in the Uttar Pradesh Higher
Judicial Service Cadre
Appointment of Entitlement

Serial Promotees Direct LDCE 10% Stream for which


number 65% Recruits 25% the post is
of post identified
1 2 3 4 5
1 0.65 0.25 0.10 Promotee
2 1.30 0.50 0.20 Direct Recruit
3 1.95 0.75 0.3 Promotee
4 2.60 1.00 0.40 Promotee
5 3.25 1.25 0.50 LDCE
6 3.90 1.50 0.60 Promotee
7 4.55 1.75 0.70 Direct Recruit
8 5.20 2.00 0.80 Promotee
9 5.85 2.25 0.90 Promotee
10 6.50 2.50 1.00 Promotee
11 7.15 2.75 1.10 Direct Recruit
12 7.80 3.00 1.20 Promotee
13 8.45 3.25 1.30 Promotee
14 9.10 3.50 1.40 Direct Recruit
15 9.75 3.75 1.50 Promotee
16 10.40 4.00 1.60 LDCE
17 11.05 4.25 1.70 Promotee
18 11.70 4.50 1.80 Promotee
19 12.35 4.75 1.90 Direct Recruit
20 13.00 5.00 2.00 Promotee
21 13.65 5.25 2.10 Promotee
22 14.30 5.50 2.20 Direct Recruit
23 14.95 5.75 2.30 Promotee
24 15.60 6.00 2.40 Promotee
25 16.25 6.25 2.50 LDCE
26 16.90 6.50 2.60 Promotee
27 17.55 6.75 2.70 Direct Recruit
28 18.20 7.00 2.80 Promotee
29 18.85 7.25 2.90 Promotee
30 19.50 7.50 3.00 Promotee
31 20.15 7.75 3.10 Direct Recruit
32 20.80 8.00 3.20 Promotee
33 21.45 8.25 3.30 Promotee
34 22.10 8.50 3.40 Direct Recruit
13

35 22.75 8.75 3.50 Promotee


36 23.40 9.00 3.60 LDCE
37 24.05 9.25 3.70 Promotee
38 24.70 9.50 3.80 Promotee
39 25.35 9.75 3.90 Direct Recruit
40 26.00 10.00 4.00 Promotee
41 26.65 10.25 4.10 Promotee
42 27.30 10.50 4.20 Direct Recruit
43 27.95 10.75 4.30 Promotee
44 28.60 11.00 4.40 Promotee
45 29.25 11.25 4.50 LDCE
46 29.90 11.50 4.60 Promotee
47 30.55 11.75 4.70 Direct Recruit
48 31.20 12.00 4.80 Promotee
49 31.85 12.25 4.90 Promotee
50 32.50 12.50 5.00 Promotee
51 33.15 12.75 5.10 Direct Recruit
52 33.80 13.00 5.20 Promotee
53 34.45 13.25 5.30 Promotee
54 35.10 13.50 5.40 Direct Recruit
55 35.75 13.75 5.50 Promotee
56 36.40 14.00 5.60 LDCE
57 37.05 14.25 5.70 Promotee
58 37.70 14.50 5.80 Promotee
59 38.35 14.75 5.90 Direct Recruit
60 39.00 15.00 6.00 Promotee
61 39.65 15.25 6.10 Promotee
62 40.30 15.50 6.20 Direct Recruit
63 40.95 15.75 6.30 Promotee
64 41.60 16.00 6.40 Promotee
65 42.25 16.25 6.50 LDCE
66 42.90 16.50 6.60 Promotee
67 43.55 16.75 6.70 Direct Recruit
68 44.20 17.00 6.80 Promotee
69 44.85 17.25 6.90 Promotee
70 45.50 17.50 7.00 Promotee
71 46.15 17.75 7.10 Direct Recruit
72 46.80 18.00 7.20 Promotee
73 47.45 18.25 7.30 Promotee
74 48.10 18.50 7.40 Direct Recruit
75 48.75 18.75 7.50 Promotee
76 49.40 19.00 7.60 LDCE
14

77 50.05 19.25 7.70 Promotee


78 50.70 19.50 7.80 Promotee
79 51.35 19.75 7.90 Direct Recruit
80 52.00 20.00 8.00 Promotee
81 52.65 20.25 8.10 Promotee
82 53.30 20.50 8.20 Direct Recruit
83 53.95 20.75 8.30 Promotee
84 54.60 21.00 8.40 Promotee
85 55.25 21.25 8.50 LDCE
86 55.90 21.50 8.60 Promotee
87 56.55 21.75 8.70 Direct Recruit
88 57.20 22.00 8.80 Promotee
89 57.85 22.25 8.90 Promotee
90 58.50 22.50 9.00 Promotee
91 59.15 22.75 9.10 Direct Recruit
92 59.80 23.00 9.20 Promotee
93 60.45 23.25 9.30 Promotee
94 61.10 23.50 9.40 Direct Recruit
95 61.75 23.75 9.50 Promotee
96 62.40 24.00 9.60 LDCE
97 63.05 24.25 9.70 Promotee
98 63.70 24.50 9.80 Promotee
99 64.35 24.75 9.90 Direct Recruit
100 65.00 25.00 10.00 Promotee
NOTE : The above roster shall be implemented in the manner that it should not
exceed the respective quota for the respective stream as provided in
rule 6 read with proviso to rule 22(2).

***Substituted vide No. 82/two-4-2014-36(1)/2005 T.C. Dated: Lucknow, January 29, 2014

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