2
ॢबहर गजट
[सधरण 24 [Ç त३बर 21
3- ik=rkA&mPp U;k;ky; ds HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k ?kjsyw lgk;rk dh lsok;sa
izkIr djus ds gdnkj gksaxs] ;fn&
¼d½ fdlh vU; mPp U;k;ky; }kjk] ;FkkfLFkfr] HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k
dks ?kjsyw lgk;rk dh lqfo/kk miyC/k ugha djk;h tk jgh gks( vkSj
¼[k½ ml dk;kZy; ;k in dks ?kjsyw lgk;rk dh dksbZ lqfo/kk miyC/k u gks tgk¡ HkwriwoZ eq[;
U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k lsokfuo`fr ds mijkUr fu;qDr gksaA
4-
ljdkjh lgk;rk dk p;uA&;FkkfLFkfr] HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k vius foosd
ls ?kjsyw lgk;rk ds :i esa yxk;s tkus ds fy, fdlh O;fDr dk p;u dj ldsaxsA
5-
lafonkRed fu;qfDrA&fu;e 4 ds v/khu ?kjsyw lgk;rk dk dk;Z lafonk ds vk/kkj ij gksxk vkSj
rc rd miyC/k gksxk tc rd fd HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k fu;e 3 ds v/khu ml lqfo/kk dk
ykHk ysus dks gdnkj gksa vkSj tcrd ?kjsyw lgk;d] HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k ds izek.ku ds
v/;/khu] drZO; fuoZg.k larks"kizn djrk gSA
6-
izfriwfrZA&?kjsyw lgk;rk ds en esa] Hkqxrs; ekfld ikfjJfed dh izfriwfrZ izR;sd ekg ds var eas]
;FkkfLFkfr] HkwriwoZ eq[; U;k;k/kh'k ;k U;k;k/kh'k dks mPp U;k;ky; }kjk dh tk;sxhA
7-
etnwjhA&?kjsyw lgk;rk ds fy, ?kjsyw lgk;d dks yxk;s tkus ij mPp U;k;ky; }kjk HkwriwoZ
eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k dks izfriwfrZ dh tkus okyh etnwjh pijklh xzsM esa mPp U;k;ky; ds
prqFkZoxhZ; deZpkjh dks Hkqxrs; osru ds lerqY; ;k thou&;kiu Hkrk lfgr U;wure osrueku ds lerqY; gksxkA
8-
etnwjh dk HkqxrkuA&;FkkfLFkfr] HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k ,d ;k vf/kd ?kjsyw
lgk;rk dh lsok;sa ys ldsaxs ysfdu mPp U;k;ky; dsoy ,d ?kjsyw lgk;rk ds fy, fu;e 7 esa fofgr nj ij tks
Hkqxrs; gks] ds lerqY; etnwjh dk Hkqxrku djsxkA
9-
?kjsyw lgk;rk dk cuk jgukA&HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k }kjk j[kh x;h ?kjsyw
lgk;rk lafonk ds vk/kkj ij rcrd cuh jgsxh tcrd fd ;FkkfLFkfr] HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k
}kjk ;Fkkizekf.kr larks"kizn lsok ?kjsyw lgk;d }kjk iznku dh tkrh gSA
10- LFkk;h deZpkjh dh vU;= vLFkk;h fo'ks"k fu;qfDrA&bl fu;ekoyh esa varfoZ"V fdlh ckr ds
jgrs gq, Hkh] ;fn dksbZ pijklh ;k lerqY; prqFkZoxhZ; in/kkjd] tks mPp U;k;ky; dh LFkkiuk esa gks] HkwriwoZ eq[;
U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k dh lsok esa yxk;s tkus dk fyf[kr :i ls vuqjks/k djrk gS vkSj ;FkkfLFkfr] HkwriwoZ
eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k }kjk ,sls fdlh deZpkjh dh lsok,¡ Lohdk;Z gks] rks ?kjsyw lgk;rk ds :i
mldh vLFkk;h fo'ks"k fu;qfDr rcrd ds fy, dh tk ldsxh tcrd fd ?kjsyw lgk;rk ds fy, j[kk x;k ,sls
deZpkjh vf/kof"kZrk dh vk;q u izkIr dj ys vkSj@;k tcrc HkwriwoZ eq[; U;k;k/kh'k ;k HkwriwoZ U;k;k/kh'k bl
lqfo/kk dk gdnkj gks] buesa ls tks Hkh igys gksA
11- ifr@iRuhA&;g lqfo/kk] tks iwoksZDr mica/kks ds v/khu mPp U;k;ky; ds HkwriwoZ eq[; U;k;k/kh'k ;k
HkwriwoZ U;k;k/kh'k dks thoui;ZUr miyC/k gS] mUgha fuca/kuksa vkSj 'krksZ ij] ;FkkfLFkfr] HkwriwoZ eq[; U;k;k/kh'k ;k
HkwriwoZ U;k;k/kh'k dh mÙkjthoh iRuh@ifr dks muds thoui;ZUr miyC/k dh tk;sxhA
12- fuoZpuA&bl fu;ekoyh ds fuoZpu ls lacaf/kr dksbZ iz'u ;k fookn mRiUu gksus dh fLFkfr esa] mPp
U;k;ky; dk eq[; U;k;k/kh'k bl laca/k esa fofu'p; djus ds fy, l{ke gksaxs] ,slk fofu'p; vafre vkSj gj n`f"V
ls ck/;dkjh gksxkA
fcgkj&jkT;iky ds vkns'k ls]
xqQjku vgen]
ljdkj ds mi lfpoA
The 24th July 2019
No-7/Ashta.-04-02/2017- 9870 / GAD —In exercise of the powers conferred by the proviso
to Article 309 of the Constitution of India (as amended from time to time) the Governor of Bihar is
pleased to make the following rules in consultation with the High Court of Judicature Patna, Bihar to
regulate the Domestic Help to Former Chief Justices and Former Judges of High Court, namely:-
1. Short title, extent, commencement and application.—
(1)
These Rules may be called the 'Bihar Domestic Help to Former Chief Justices
and Former Judges of the High Court Rules, 2019'.
(2)
It shall extend to whole of the State of Bihar.
(3) These Rules shall come into force with immediate effect.
(4) The Rules shall apply to a person who has held office either as a Chief Justice or
as a Judge of the Patna High Court.
3
ॢबहर गजट
[सधरण 24 [Ç त३बर 21
2. Definitions.- In these Rules, unless otherwise requires in the subject or context.—
(i)
"High Court" means the High Court of Bihar;
(ii)
"Former Chief Justice" means a person who has held office of the Chief Justice
of the High Court;
(iii)
"Former Judge" means a person who has held office of a Judge of the High
Court;
(iv)
"Spouse" means the surviving wife or, husband as the case may be, of a Former
Chief Justice or Former Judge upon his or her death while in office or after
retirement;
(v)
"Domestic Help" means the assistance of a helper to be provided to a Former
Chief Justice or a Former Judge of High Court, or to his or her spouse at the
expense of the High Court.
3. Eligibility.—A Former Chief Justice or a Former Judge of the High Court shall be
entitled to avail of the services of a Domestic Help, if-
(a)
The facility of a Domestic Help is not being provided to the Former Chief Justice
or Former Judge as the case may be, by any other High Court; and
(b)
No facility of a Domestic Help is attached to the office or post to which the
Former Chief Justice or the Former Judge is appointed after retirement.
4. Selection of Domestic Help.—The Former Chief Justice or Former Judge as the case
may be, may at her or his discretion select a person to be engaged as Domestic Help.
5. Contractual appointment.—The engagement of a Domestic Help under Rule 4 shall be
on a contractual basis and will be available until the Former Chief Justice or Former Judge is entitled
to the benefit of the facility under Rule 3 and until the Domestic Help performs duties satisfactorily
subject to the certification of the Former Chief Justice or Former Judge.
6. Reimbursement.—Upon engagement, the monthly remuneration payable to the
Domestic Help shall be reimbursed by the High Court to the Former Chief Justice or Former Judge,
as the case may be, at the end of every month.
7. Wages.—The wages to be reimbursed by the High Court to the Former Chief Justice or
Former Judge for the engagement of a Domestic Help shall be equivalent to the salary payable to a
Class-IV employee of the High Court in the grade of a peon or equivalent at the minimum of the
scale of pay inclusive of dearness allowance.
8. Payment of Wages.—The Former Chief Justice or Former Judge as the case may be,
may engage the services of one or more Domestic Help but the High Court shall pay only wages
equivalent to what is payable for one Domestic Help at the rate prescribed in Rule 7.
9. Continuance of Domestic Help.—The Domestic Help engaged by a Former Chief
Justice or the Former Judge shall continue to remain on a contractual basis so long as he or she
renders satisfactory service, as certified by the Former Chief Justice or the Former Judge, as the case
may be.
10. Temporary special appointment of a permanent employee to another places.—
Notwithstanding anything contained in these Rules, if a peon or equivalent holder of a Class-IV post,
who is borne on the establishment of the High Court, furnishes to the Registrar General of the High
Court, a request in writing to serve a Former Chief Justice or Former Judge and the services of such
an employee are acceptable to the Former Chief Justice or Former Judge as the case may be, his
Temporary special appointment may made as Domestic Help until the Domestic Help attains the age
of superannuation and/or so long as the Former Chief Justice or the Former Judge is entitled to this
facility, whichever is earlier.
11. Spouses.—The facility, which is extended under the aforesaid provisions to a Former
Chief Justice or Former Judge of the High Court, shall be provided on the same terms and conditions
to the surviving spouse of a Former Chief Justice or Former Judge, as the case may be, during the
lifetime of the spouse.
4
ॢबहर गजट
[सधरण 24 [Ç त३बर 21
12. Interpretation.—In the event of any question or dispute arising in regard to the
interpretation of these Rules, the Chief Justice of the High Court shall be competent to take a
decision in that regard which shall be final and binding in all respects.
By order of the Governor of Bihar
GHUFRAN AHMAD,
Deputy Secretary to the Government.
————
[ध¡क स०चवलय म१ णलय
ॢबहर पटन हर $क०शत eव' म१ॢ त?
ॢबहर गजट
[सधरण 1180571+200 )ड+ट,+प+?
Website: http://egazette.bih.nic.in
