"The High Court of Chhattisgarh Techinical Manpower(Contract) Service Rules, 2023."

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 LAW & LEGISLATIVE AFFAIRS DEPARTMENT Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar

HIGH COURT OF CHHATTISGARH, BILASPUR

Bilaspur, the 28th December 2023

NOTIFICATION

No. 246(Mis.)/II-15-19/2023.—In exercise of the power conferred under Article 229(2) of the Constitution of India, the Chief Justice is pleased to make the following rules to regulate the appointment and other conditions of Service with respect to employees of Technical Manpower in the High Court of Chhattisgarh (Contract) Service, Rules, 2023.

PART-I GENERAL

(1) Short title and commencement :-

(i) These Rules may be called "The High Court of Chhattisgarh Technical Manpower (Contract) Service Rules, 2023."

(ii) They shall apply to the employees of Technical Manpower of the Establishment of this High Court.

(iii) It shall come into force with effect from the date of its notification.

(2) Definitions:- In these Rules, unless the context otherwise requires:-

(i) 'High Court' means High Court of Chhattisgarh, Bilaspur.

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

(iii) "Judge" means Judge of the High Court.

(iv) "Appointing Authority" means the Chief Justice or such other judge or officer of the High Court as the Chief Justice may direct.

(v) 'Administrative Judge' means the Administrative Judge or Judge nominated by the Chief Justice under Article 229 of the Constitution.

(vi) 'Registrar General' means the Registrar General of the High Court.

(vii) 'Constitution' means Constitution of India.

(viii) 'Citizen of India' means a person who is or is deemed to be a citizen of India under Part-II of the Constitution.

(ix) 'Disciplinary Authority' means the authority competent under these Rules to impose any of the penalties specified in these Rules.

(x) 'Committee' means the Committee Constituted by the Chief Justice.

(xi) 'Selection Committee' means the Committee constituted by the Chief Justice for High Court for selection to the post of Technical Manpower (contract) posts.

(xii) 'Establishment' means the Establishment of the High Court.

(xiii) 'Governor' means the Governor of the state of Chhattisgarh.

(xiv) "Government" means the State Government of Chhattisgarh.

(xv) "State" means the State of Chhattisgarh.

(xvi) 'Scheduled Caste/Scheduled Tribes' shall have the same meaning as given to these expressions by Articles 341 and 342 of the Constitution respectively.

(xvii) 'Other Backward Classes' shall have the same meaning and shall include the same Castes as may be notified by the Government of India or by the State Government from time to time.

(xviii) 'Technical Manpower Posts' means the posts of Technical Manpower sanctioned on the Establishment of this High Court on contract basis.

(xix) 'Employees' means employees appointed against Technical Manpower posts in the Establishment of this High Court.

(xx) 'Recognized University' means the University in corporate by Law in India or recognized by University Grand Commission or other university which are declared by the Chief Justice to be a recognized university for the purpose of these Rules.

(xxi) 'Recognized Institution' means the Institution recognized by UGC or by Government of India or other institution which are declared by the Chief Justice to be a recognized Institution for the purpose of these Rules.

(xxii) 'Competitive Examination' means the written examination and/or such other practical tests and viva voice tests or other tests as may be prescribed by the Chief Justice some time to time for different posts.

PART-II

STRENGTH OF TECHNICAL MANPOWER POSTS OF THE HIGH COURT

(3) The strength of the Technical Manpower posts is as specified in the first schedule to these Rules or as may be created from time to time by the Chief Justice, subject to the approval of the Governor so far as it relates to Salaries, Allowance, Leave etc.

PART-III

APPOINTMENT ON TECHNICAL MANPOWER POSTS

(4) i. The appointment in these Rules shall be made by direct recruitment through competitive examinations and are on contractual basis for a period of one year or for the period as may be decided by the appointing authority.

ii. The appointment made under these Rules are on full time basis and during the term of appointment, the persons appointed, will not be entitled to take up any other employment, even on part time basis.

iii. The appointment will not confer any right on the person appointed for regularization of service in the High Court or in any other Court.

PART-IV

SOURCE, METHOD AND MINIMUM QUALIFICATION FOR APPOINTMENT TO VARIOUS

TECHNICAL MANPOWER POSTS

(4) Appointment to the various Technical Manpower posts shall be made as follows:-

PART-V

(5) Eligibility for Appointment to the Technical Manpower Posts :- No person shall be eligible for appointment under these Rules, unless-

(i) he/she is a citizen of India.

(ii) he/she has attained minimum age of 21 years and has not attained maximum age of 30 years (in case of bonafide resident of Chhattisgarh 35 years) on the first day of January of the year in which applications for appointment are invited.

Provided that the upper age limit shall be relaxable upto a maximum limit of 5 years for the candidates belonging to Scheduled Caste, Scheduled Tribe and other Backward Classes.

Provided further that the upper age limit of candidates who are Government servants whether permanent or temporary, shall be relaxable upto further 5 years in addition to the relaxations available as above.

Provided further that the Circulars issued by State Government from time to time in this regard shall also be applicable subject to the approval of the Chief Justice.

(iii) he has good character and is of sound mind and body and free from any bodily or mental defect which renders him unfit for such appointment.

(iv) he has not more than one spouse living.

(v) he has not more than two living children.

(vi) he has not been dismissed or removed from service by any High Court, Government or Statutory Authority or Local Authority.

(vii) he has not been convicted of any offence involving moral turpitude, or has not been permanently debarred or disqualified by any High Court or Union Public Service Commission or State Public Service Commissions or any Services Selection Board or Staff Selection Commission.

(6) Method of Selection :- The appointing authority may make the selection under these rules or appoint a selection committee to do so. The selection committee will decide the criteria for selection.

(7) Tenure :-

(i) All appointments made under these Rules shall be purely on contractual basis which can be terminated at any time without any prior notice.

(ii) The tenure of persons appointed under these Rules, shall be initially for a period of one year, which may be extended by the Chief Justice from time to time based on the requirement of High Court.

(8) Reservation:- The reservation policy as applicable to the High Court service under the Chhattisgarh High Court (Appointment, Conditions of Service & Condition) Rules, 2003 shall be applicable.

(9) Appointing Authority :- All appointments to the posts of establishment shall be made by the Chief Justice or by such other Judge or Officer as the Chief Justice may, by general or special order, direct.

(10) Head of Office:- The Registrar General shall be the head of office of the establishment who shall dispose of all the matters, which under the prevailing rules of the State Government can be disposed of by the head of office.

PART-VI

CONDITIONS OF SERVICE

(11) Salary:- The holders of posts specified in 2nd column of First schedule shall be paid fixed monthly contract salary as specified in fourth column of the said schedule and as amended by the State Government from time to time. They shall not be entitled for any other allowances as are applicable to other Officers and Employees of the Registry.

(12) Leave :- The persons appointed under these Rules shall not be eligible for any leave for first 03 months and any absence shall be treated as loss of pay. After 03 months they will be eligible for 13 days Casual Leave in one year. Casual Leave cannot be taken for more than 3 days at a time including prefix/suffix of holidays. In case the period is exceeded to 03 days without any genuine reasons, he/she shall be liable for termination. Casual Leave cannot be encashable under any circumstance.

(13) Relinquishment of Service: The persons appointed under these rules, may relinquish the service by giving one month notice or one month pay, in lieu thereof. However, the Appointing Authority may terminate the services of said persons at any time without any prior notice.

(14) Restraints :-

i. Access of Information

Information is available on need to know basis for specified groups. The networks file server is segregated to allow usage by individual sectors for projects and units. Access other than permitted source of information shall be considered as violation of access privileges approved by authorized officers.

ii. Non disclosure

Candidates are expected to maintain utmost secrecy in regard to the affairs of the Institution/place of work and shall keep confidential any information, instrument, documents, etc, relating to their nature of job that may have come to their knowledge as a hired manpower resource.

iii. Non Compete

Candidates positioned by the deployment Institution, calls for full time engagement and they shall devote themselves exclusively to the assignments of the deployment Institution. They shall not take up any other work for remuneration (part time or otherwise) or work on advisory capacity or be interested directly (except as shareholder or debenture holder) in any other trade or business, during their association with the Institution.

(15) Transfer:- The persons appointed under these Rules shall be liable to the transferred from High Court to any other District Court of the Chhattisgarh State. The appointing Authority shall have the prerogative to transfer the persons appointed under these rules from High Court to any other District Court of the Chhattisgarh State.

(16) Lien:- The persons appointed under these rules cannot claim lien on any of the posts in any service including the court services.

(17) Other Conditions:-

(i) The persons appointed under these rules shall conduct themselves in conformity with the code of conduct, as in force from time to time. Further, they shall carry out the instructions the letter & spirit, given by their superiors and shall not disobey the instructions given. They shall not indulge themselves in any unethical practices like "go slow" non-co-operation, neither join any political organization nor associate with any activity which are punishable as per applicable cyber laws.

(ii) In respect of all such matters regarding the conditions of service for which no provision or insufficient provision has been made in these rules, the Rules and orders for the time being in force and applicable to the contract employees appointed in the State Government shall be applicable subject to such modifications, variations or exceptions, if any, as the Chief Justice may, from time to time specified.

Provided that no order containing modifications, variations or exceptions in the Rules relating to Pay, allowances or leave shall be made by the Chief Justice except with the approval of the Governor;

Provided further that the powers exercisable by the Chief Justice or by such other Judge or Officer as the Chief Justice may by General or special order direct.

PART-VII

CONTROL AND DISCIPLINE

(18) (i) The Persons appointing under these rules shall be subject to the superintendence and control of the Chief Justice.

(ii) In respect of these persons, the disciplinary authority shall be the Registrar General or such other Officer as may be designated in this behalf by the Chief Justice.

(iii) An appeal shall lie to the Chief Justice against all orders, which may be passed by the authority prescribed in clause (ii)

PART-VIII

MISCELLANEOUS

(19) Interpretation :- If any question arises as to the interpretation of these rules, the decision of the Chief Justice shall be final.

(20) Power to Relax :-

(i) Nothing in these rules shall be constructed to limit or abridge the powers of the Chief Justice to deal with the employees appointed under these Rules in such a manner as may appear to him to be just and reasonable.

(ii) Where the Chief Justice is satisfied that the operation of any of these rules causes undue hardship in any particular case, he may by order dispense with or relax the particular rule to such extent and subject to such exceptions and conditions as he may deem necessary.

Provided that where any rule is applicable to any employee appointed under these Rules, his case shall not be dealt with in the manner less favourable to him than that provided by the said Rules.

PART-VIII

FIRST SCHEDULE

Note:-

1. The above pay shall be revised as amended by the State Government from time to time.

2. As per the F.I. 22/2023 issued by the Finance Department, Government of Chhattisgarh."

By order of Hon'ble the Chief Justice

Sd/-

(Arvind Kumar Verma) Registrar General.