UPHJS Rules 1975 Amended Upto 11 01 2024
UPHJS Rules 1975 Amended Upto 11 01 2024
UPHJS Rules 1975 Amended Upto 11 01 2024
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.
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;
(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).
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(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;
[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).
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;
(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.
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.
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.
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.
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).
(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.
(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.
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.
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(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.
PART VI
Recruitment of Judicial Magistrates
(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.
(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.
PART VII
Appointment, Probation and Confirmation
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.
(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.
(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
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.
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;
(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 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.
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.
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***Substituted vide No. 82/two-4-2014-36(1)/2005 T.C. Dated: Lucknow, January 29, 2014