JUDICIAL NOTIFICATIONS - Revision of Scales of Pay Rule for Madras High Court Service

© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2018 [Price : Rs. 3.20 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 7] CHENNAI, WEDNESDAY, FEBRUARY 14, 2018 Maasi 2, Hevilambi, Thiruvalluvar Aandu–2049 Part III—Section 2 Statutory Notifi cations and Orders issued by Heads of Departments. NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. CONTENTS Pages. JUDICIAL NOTIFICATIONS Revision of Scales of Pay Rule for Madras High Court Service .. .. .. 12-152 The Madras High Court (Appointment and Conditions of Service of Division-III Assistants on Co-Terminus Basis) Rules 2018 .. .. .. .. .. 15-17 D TP—III-2 (7) [ 11 ]12 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. JUDICIAL NOTIFICATIONS REVISION OF SCALES OF PAY RULE FOR MADRAS HIGH COURT SERVICE (Including Madurai Bench of Madras High Court, Madurai, offi ce of the Offi cial Assignee, High Court, Madras, Tamil Nadu State Judicial Academy and its Regional Centres, Coimbatore and Madurai, Tamil Nadu Mediation and Conciliation Centre, High Court Madras and its Madurai Bench and Arbitration Centre, High Court, Madras). (Roc. No. 16686/2017/G2) No. SRO C-4/2018. In exercise of the powers conferred by Article 229 of the Constitution of India and all other powers, the Honourable the Chief Justice, High Court, Madras is hereby pleased to issue the following Rule for the fi xation of Pay in respect of the members of the High Court Service (including Madurai Bench of Madras High Court, Madurai, offi ce of the Offi cial Assignee, High Court, Madras, Tamil Nadu State Judicial Academy and its Regional Centres, Coimbatore and Madurai, Tamil Nadu Mediation and Conciliation Centre, High Court Madras and its Madurai Bench and Arbitration Centre, High Court, Madras). RULE Consequent on the recommendation of the Offi cial Committee and the orders contained in G.O.Ms.No.303, Finance [Pay Cell] Department, dated 11.10.2017, revising the scale of pay to the State Government employees (including the employees of the High Court, Service) The Hon'ble Chief Justice, with the approval of the Governor of Tamil Nadu, is pleased to revise and fi x the scales of pay as specifi ed in the Schedule hereunder to the various posts in the Madras High Court Service (including Madurai Bench of Madras High Court, Madurai, offi ce of the Offi cial Assignee, High Court, Madras,Tamil Nadu State Judicial Academy and its Regional Centres, Coimbatore and Madurai, Tamil Nadu Mediation and Conciliation Centre, High Court Madras and its Madurai Bench and Arbitration Centre, High Court, Madras). The scale of pay specifi ed in the Schedule shall take notional effect from 1st January, 2016 and monetay benefi t with effect from 1st October, 2017. The Tamil Nadu Revised Pay Rules, 2017, notifi ed in G.O.Ms.No.303, Finance [Pay Cell] Department, dated 11.10.2017 and the amendment issued by the Government in this regard shall be applicable to the members of the High Court Service (including Madurai Bench of Madras High Court, Madurai, offi ce of the Offi cial Assignee, High Court, Madras,Tamil Nadu State Judicial Academy and its Regional Centres, Coimbatore and Madurai, Tamil Nadu Mediation and Conciliation Centre, High Court Madras and its Madurai Bench and Arbitration Centre, High Court, Madras). The provision regarding the matters like Selection Grade/Special Grade, Special Pay and Special allowances for Certain posts, Dearness Allowances, House Rent Allowance, City Compensatory Allowances and other Allowances shall be as prescribed in G.O.Ms.No.303, Finance [Pay Cell] Department, dated 11.10.2017, G.O. Ms. No.304, Finance [Pay Cell] Department, dated 13.10.2017, G.O.Ms.No.305, Finance [Pay Cell] Department, dated 13.10.2017, G.O. Ms. No. 306, Finance [Pay Cell] Department, dated 13.10.2017, G.O. Ms. No.307, Finance [PayCell] Department, dated 13.10.2017 and G.O.Ms.No.311, Finance [Pay Cell] Department, dated 23.10.2017, and these Rules shall also apply to the Offi cers and Staff of the High Court Service (including Madurai Bench of Madras High Court, Madurai, offi ce of the Offi cial Assignee, High Court, Madras,Tamil Nadu State Judicial Academy and its Regional Centres, Coimbatore and Madurai, Tamil Nadu Mediation and Conciliation Centre, High Court Madras and its Madurai Bench and Arbitration Centre, High Court, Madras). The option, as indicated in Rule 6 of the Tamil Nadu Revised Scales of Pay Rules 2017, shall be exercised within three months from the date of the coming into the force of these Rules.Feb. 14, 2018] TAMIL NADU GOVERNMENT GAZETTE 13 Name of the Post Pre-revised scale of pay Revised Scale as per the 7th Pay SI. No. Commission G.O. (1) (2) (3) (4) 1 Registrar General 2 Additional Registrar General 3 Registrar (Vigilance) 4 Additional Registrar -I (Vigilance) 5 Additional Registrar-Il (Vigilance) 6 Registrar (Judicial) 7 Registrar (District Judiciary) 8 Registrar (IT -cum-Statistics) 9 Registrar (Recruitment) 10 Registrar (Special Cell) 11 Director (Tamil Nadu Mediation and Conciliation Centre) 12 Director (Tamil Nadu State Judicial Academy) The incumbent functioning on other duty shall draw 13 Chief Editor the pay and allowances applicable to the Tamil Nadu State Judicial Service 14 Additional Director (Tamil Nadu State Judicial Academy) 15 Deputy Director (Tamil Nadu State Judicial Academy / RegionaI Centres of State Judicial Academy) in the cadre of Senior Civil Judge 16 Deputy Offi cial Assignee in the cadre of Senior Civil Judge 17 Assistant Editor 18 Master in the cadre of Senior Civil Judge 19 Associate Editor 20 Assistant Registrar (e-Court) in the cadre of Civil Judge 21 Registrar (Admn.,) 37400-67000+8800 123400-216300 22 Registrar (Management) 37400-67000+8800 123400-216300 23 Registrar-cum-Special Offi cer (Liaisoning) 37400-67000+8800 123400-216300 24 Additional Registrar (IT &Statistics 37400-67000+8800 123400-216300 25 Offi cial Assignee 37400-67000+8800 123400-216300 26 Registrar-cum-Private Secretary to the 37400-67000+8800 123400-216300 Hon’ble the Chief Justice 27 Joint Registrar-cum-Additional Private 37400-67000+8700+Spl. Pay 123100-215900+Spl. Pay Secretary to the Hon’ble the Chief Justice 28 Joint Registrar 37400-67000+8700 123100-215900 29 Deputy Director in the cadre of DR 15600-39100+7600 61900-196700 (Mediation) 30 Deputy Registrar 15600-39100+7600+Spl.Pay 61900-196700+SpI.Pay 31 Principal Private Secretary to Hon’ble 15600-39100+7600+Spl. Pay 61900-196700+Spl. Pay Judges (in the cadre of DR) 32 Assistant Registrar 15600-39100+6600 59300-187700 33 Senior Private Secretary to Hon’ble 15600-39100+6600+Spl. Pay 59300-187700+Spl. Pay Judges ( in the cadre of AR) 34 Court Manager 15600-39100+6600 59300-18770014 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 SI. Name of the Post Pre-revised scale of pay Revised Scale as per the 7th Pay No. Commission G.O., (1) (2) (3) (4) 35 Administrative Offi cer in the cadre of AR 15600-39100+6600 59300-187700 (TNSJA) 36 Chief Librarian (in the cadre of AR) 15600-39100+6600 59300-187700 37 Senior System Manager 15600-39100+6600 59300-187700 38 Chief Accounts Offi cer (Deputation Post) As applicable in the Tamil Nadu Treasuries and Accounts Department 39 Sub Assistant Registrar 15600-39100+5700 56900-180500 40 Sub Assistant Registrar (P.A-I, P.A-ll & 15600-39100+5700+Spl. Pay 56900-180500+Spl. Pay Cofeposa) 41 Librarian 15600-39100+5700 56900-180500 42 Private Secretary to the Hon’ble Judges (in 15600-39100+5700+Spl. Pay 56900-180500+Spl. Pay the cadre of SAR) 43 Accounts Offi cer As applicable in the Tamil Nadu Treasuries and Accounts Department 44 Court Offi cer/Section Offi cer/Appeal 15600-39100+5400+Spl. Allowance 56100-177500+Spl. Allowance Examiner 45 Personal Assistant to Hon’ble Judges 15600-39100+5400+Spl. Pay 56100-177500+SpI.Pay 46 Private Secretary to Registrar General 15600-39100+5400+Spl. Pay 56100-177500+SpI.Pay 47 Interpreter 15600-39100+5400+Spl. Allowance 56100-177500+Spl. Allowance 48 System Analyst 15600-39100+5400 56100-177500 49 Technical Assistant to Librarian 9300-34800+4800 36900-116600 50 Assistant Section Offi cer including 9300-34800+4600 36400-115700 Translator & Assistant Court Fee Examiner 51 Assistant Librarian (in the cadre of ASO) 9300- 34800+4600 36400-115700 52 Superintendent (Catering) 9300-34800+4600 36400-115700 53 Overseer 9300-34800+4600 36400-115700 54 Personal Assistant to Registrar 9300-34800+4600 36400-115700 55 Record Keeper 9300-34800+4600 36400-115700 56 System Offi cer (TNSJA) 9300-34800+4600 36400-115700 57 Programmer 9300-34800+4600 36400-115700 58 Assistant Programmer 9300-34800+4400 35900-113500 59 Senior Typist 9300-34800+4200 + Spl. Pay 35400-112400+SpI.Pay 60 Personal Clerk to Deputy Registrar 5200-20200+2800 20600-65500 61 Computer Operator 5200-20200+2800 20600-65500 62 Library Assistant 5200-20200+2600 20000-63600 63 Assistant 5200-20200+2600 20000-63600 64 Head Bailiff 5200-20200+2400 19500-62000 65 Junior Bailiff 5200-20200+2400 19500-62000 66 Sergeant 5200-20200+2400 19500-62000 67 Driver 5200-20200+2400 +Spl. Pay 19500-62000+Spl. Pay 68 Cashier 5200-20200+2400 19500-62000 69 Reader/Examiner 5200-20200+2400 19500-62000 70 Record Assistant 5200-20200+2400 19500-62000 71 Typist 5200-20200+2400 + Spl. Pay 19500-62000+Spl. Pay 72 Telephone Operator 5200-20200+2400 + Spl. Pay 19500-62000+Spl. Pay 73 Court Keeper 5200-20200+1900 18200-57900 74 Binder 4800-10000+1650 16600-52400 75 Gollah 4800-10000+1650 16600-52400 76 Jamedar 4800-10000+1650 16600-52400Feb. 14, 2018] TAMIL NADU GOVERNMENT GAZETTE 15 Sl.No. Name of the Post Pre-revised scale of pay Revised Scale as per the 7th Pay Commission G.O., (1) (2) (3) (4) 77 Xerox Operator 4800-10000+ 1650 16600-52400 78 Lift Operator 4800-10000+ 1400 +Spl. Pay 15900-50400 +Spl. Pay 79 Record Clerk 4800-10000+ 1400 15900-50400 80 Bearer 4800-10000+ 1400 15900-50400 81 Watch & Ward 4800-10000+ 1400 15900-50400 82 Duffadar 4800-10000+ 1400 15900-50400 83 Book Binder 4800-10000+ 1400 15900-50400 84 Library Attendant 4800-10000+ 1300 15700-50000 85 Book Restorer 4800-10000+ 1300 15700-50000 86 Chobdar 4800-10000+ 1300 15700-50000 87 Gardener 4800-10000+ 1300 15700-50000 88 Offi ce Assistant 4800-10000+ 1300 15700-50000 89 Sweeper & Sanitary Worker 4800-10000+ 1300 15700-50000 90 Water man & Water woman 4800-10000+ 1300 15700-50000 91 Cook 4800-10000+ 1300 15700-50000 92 Room Boy 4800-10000+ 1300 15700-50000 93 Watch man 4800-10000+ 1300 15700-50000 Deputation Posts (Vigilance) 1 Additional Superintendent of Police As applicable in their Parent Department 2 Deputy Superintendent of Police -do- 3 Inspector of Police -do- 4 Head Constable -do- 5 Police Constable -do- 6 Special Branch Assistant -do- Deputation Posts (Internal Audit) 1 Financial Advisor As applicable in the Tamil Nadu Treasuries and Accounts Department 2 Chief Accounts Offi cer -do- 3 Audit Offi cer in the cadre of Accounts -do- Offi cer 4 Audit Superintendent in the cadre of -do- Assistant Accounts Offi cer High Court, Madras, R. SAKTHIVEL, 1st February 2018. Registrar General. The Madras High Court (Appointment and Conditions of Service of Division - III Assistants on Co-Terminus Basis) Rules, 2018. (Roc. No. 23/2016/CON.ESTT.I) No. SRO C-5/2018. The Hon’ble Supreme Court in Renu and others vs. District and Sessions Judge, Tis Hazari and another (C.A.No.979 of 2014) [(2014) 14 SCC 50] has laid down guidelines for direct Recruitment, including constitution of a Centralized Recruitment Cell. Pursuant thereto, in view of large number of vacancies in Division-III of the Madras High Court Service and since the High Court does not have the required manpower, expertise and infrastructure facilities to16 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 deal with the process of recruitment to fi ll up such large Number of vacancies, the Tamil Nadu Public Service Commission was requested by the High Court to take up the recruitment process for the said posts. However, the Tamil Nadu Public Service Commission has expressed their inability to accede to the request of the High Court since the prescribed qualifi cation for Division-III posts in the High Court Service is 8th Standard pass, more number of candidates, who had highly qualifi ed, would also apply and that the expected applications would be ranging from 15 to 20 lakhs, in which event, the recruitment work proposed by the High Court would involve handling of a large number of applications, incurring huge expenditure on conducting examination and diversion of manpower, which may cause disturbance to various recruitment programmes scheduled already by the said Commission. In view of the above fact and further in view of the fact that the constitution of the Centralized Recruitment Cell may take some considerable time, the High Court of Judicature at Madras, represented by its Registrar General, has fi led M.A.No.798 of 2017 in the above said Renu’s case before the Hon’ble Supreme Court, praying to permit the High Court of Madras, to appoint personnel to vacancies in Division-III of the Madras High Court Service, on co-terminus basis of the services of the Hon’ble Judges in the Madras High Court, pending constitution and full-fl edged functioning of the Centralized Recruitment Cell and the Hon’ble Supreme Court has allowed the said Application on 18-9-2017. Thereafter, the High Court has collected the Rules framed by the Punjab and Haryana High Court, with regard to the services of the co-terminus employees in their establishment for reference. Thus, now, in view of the order of the Hon’ble Supreme Court, dated 18-9-2017 made in M.A.No.798 of 2017 in C.A.No.979 of 2014 and in exercise of the powers conferred by Articles 229 (1) and (2) of the Constitution and of all other powers hereunto enabling, the Chief Justice, hereby makes the following Rules, namely:- 1. SHORT TITLE AND COMMENCEMENT.-(1) These Rules may be called the Madras High Court (Appointment and Conditions of Service of Division-III Assistants on Co-Terminus Basis) Rules, 2018 (2) These Rules shall come into force from 31-01-2018. 2. DEFINITIONS.-In these Rules, unless the context otherwise requires,- (a) "Chief Justice" means the Chief Justice of the Madras High Court; (b) "High Court" means the High Court of Judicature at Madras; (c) "Hon'ble Judge concerned" means the Hon'ble Judge of the Madras High Court, on whose nomination the co-terminus employee has been appointed under these Rules; (d) "Registrar General" means the Registrar General of the Madras High Court; (e) "Registry" means the Offi ce of the Registrar General of High Court of Madras; (f) "Service on co-terminus basis" means the service of an employee, coinciding with the period of service of the Hon'ble Judge concerned in the Madras High Court, from the date of his appointment on co-terminus basis, till the end of tenure of the Hon'ble Judge concerned. 3. APPOINTMENT.- (1) Every Hon'ble Judge of the High Court of Madras is eligible to temporarily employ two persons as Division-III Assistants during his tenure of offi ce in the High Court of Madras under these Rules. (2) Every Hon'ble Judge of the High Court of Madras may nominate up to two medically fi t persons as his Division-III Assistants to be appointed to the service on co-terminus basis, as per his prerogative, purely .on temporary basis, for the period coinciding with the tenure of his, offi ce in the Madras High Court. Such nomination shall be accompanied with his Medical Fitness Certifi cate issued by any Assistant Civil Surgeon of the Government Hospital. (3) On such nomination by the Hon'ble Judge concerned, the Registrar-General shall issue necessary appointment orders to the said persons in the service on co-terminus basis. (4) In case of termination of the services of any of such person, the Hon'ble Judge concerned may nominate another person as his Division-III Assistants on co-terminus basis, in the same manner as provided in sub-rule (2). 4. CONDITIONS OF SERVICE.-(1) On appointment, the co-terminus employee shall be attached to the Hon'ble Judge concerned only and shall not be intra-transferred among other Hon'ble Judges or to the Registry. He shall be posted to work in the offi ce of the Hon'ble Judge concerned at the High Court of Madras or Madurai Bench of High Court of Madras and also in the residence of the Hon'ble Judge concerned. (2) The Service of the co-terminus employee shall come to an end immediately and simultaneously with the end of tenure of Offi ce of the Hon'ble Judge concerned in the High Court of Madras.Feb. 14, 2018] TAMIL NADU GOVERNMENT GAZETTE 17 (3) The service of a co-terminus employee can be terminated at any point of time, without any prior notice and without assigning any reason, irrespective of the length of his co-terminus employment. (4) The Registrar General shall maintain a list of co-terminus employees, whose services came to an end with the retirement or transfer or elevation of the Hon'ble Judge concerned and whenever a new Judge is appointed in the High Court of Madras, either on eIevation or by transfer, such list shall be placed before such Hon'ble Judge for consideration to nominate any of them in the list as his nominee as co-terminus employee. If the Hon'ble Judge is not willing to engage the services of any of such person, he may nominate fresh persons in the same manner as provided in sub-rule (2) of rule 3. The persons in the said list shall have no claim or vested right to be nominated as co-terminus employee. (5) If the Hon'ble Judge transferred from other High Court has already been permitted to have the services of the Division-III Assistants or any other Class-IV cadre employee (in whatever name the said category is called in that High Court) from the permanent cadre of the High Court from where the Hon'ble Judge is transferred to the Madras High Court on foreign service, such equal number shall be deducted from the entitlement of two co-terminus employees of the Hon'ble Judge for nomination. The Pay, allowances, leave and other benefi ts of such person shall be as per the terms and conditions of his service in the High Court concerned or as provided in rule 5 whichever is more benefi cial to him. (6) A co-terminus employee is not entitled to claim regularization of service or absorption in any cadre in the Registry on regular basis, or any other benefi ts, except the benefi ts provided for in these Rules, irrespective of length of period of his co-terminus employment in the Madras High Court. (7) A co-terminus employee attached with the Hon'ble Judge concerned, may be allowed to continue in co-terminus employment of the Hon'ble Judge concerned till the end of next English calendar month followed by the English calendar month of retirement or transfer or elevation of the Hon'ble Judge concerned, on a specifi c request made by the Hon'ble Judge concerned to the Hon'ble Chief Justice, so as to enable him to make necessary transit arrangements. (8) A co-terminus employee shall submit his property statement at the time of joining or re-joining duty and shall not acquire any movable or immovable assets without prior intimation or permission of the Registrar-General. (9) The co-terminus employee shall not indulge in any act prejudicial to the interest of either the Hon'ble Judge concerned or the High Court and he shall, at all points of time, maintain utmost integrity and discipline. 5. PAY, ALLOWANCES, LEAVE AND OTHER BENEFITS.- (1) Notwithstanding anything contained in any other rules, a co-terminus employee will get as remuneration the starting basic of an employee under Category-2 of Section-II of Division-III of the Madras High Court Service Rules, 2015 plus Dearness Allowance, House Rent Allowance, Medical Allowance admissible, from time to time, during the period of his employment on co-terminus basis. The co-terminus employee shall not be entitled to any annual increment, bonus, selection grade, super time scale, etc. (2) A co-terminus employee shall not be entitled to avail,- (a) more than one casual leave for every completed one month's service; and (b) 10 days of Medical Leave on production of medical certifi cate for every completed one year of service: Provided that no co-terminus employee shall avail any kind of leave without the prior permission of the Hon'ble Judge concerned. (3) If any selection/recruitment is made in future to any post in the Registry, the person appointed and continuing in service as co-terminus employee as on the date of Notifi cation issued by the Registrar-General, can apply to the said selection / recruitment, subject to fulfi llment of requisite qualifi cation, as 'in service candidate': Provided that such co-terminus employee shall not cross the age limit prescribed for 'in service candidates' in the Madras High Court Service Rules: Provided further that such co-terminus employee cannot have any preference / claim in such selection. 6. POWERS OF THE HON'BLE THE CHIEF JUSTICE: If any question or doubt arise regarding interpretation of these rules or an issue not covered under these Rules, the decision of the Hon'ble Chief Justice shall be fi nal. High Court, Madras, R. SAKTHIVEL, 5th February 2018. Registrar General. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU