# class IV employees as are working temporarily for a long time in their Judgeship

- **Citation:** C.L. No. 41/VI-C-10/Admn
- **Court:** Allahabad High Court
- **Decided:** 1985-09-21
- **Case number:** C.L. No. 41/VI-C-10/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/class-iv-employees-as-are-working-temporarily-for-a-long-time-in-their-judgeship-162296
- **Pages:** 2

## Text

189
C.L. No. 41/VI-C-10/Admn. (D) dated 29th May, 1986
The District Judges should dispose of the matter relating to the confirmation of
class IV employees as are working temporarily for a long time in their Judgeship.
C.L. No. 43 /Ve-60/2004: Dated 15, October, 2004
Consideration of the matter pertaining to the confirmation of the employees of the
Subordinate Courts
In continuation of Court‟s Letter No. 49/Ve-60/Admn. „D‟ Sec., dated September
21, 1985, I am directed to say that it has been brought to the notice of the Court that due
to non-confirmation and non-promotion of the employees while permanent vacancies and
vacancies for promotion are available in the Judgeships, there is resentment amongst the
employees of the Subordinate Courts. The Court considers it necessary that in case
permanent vacancies are available, the temporary employees should be considered for
being made permanent as per rules and in case vacancies for promotion are available,
eligible employees (s) should be considered for promotion as per rules in next higher
scale of pay strictly as per rules.
I am further directed to request you to be good enough as to consider the
confirmation and promotion matters of the employees of your judgeship as per rules
immediately under intimation to the Hon‟ble Court. Compliance of the above directions
be ensured faithfully and punctually.
2. Promotion
(i) Representation
G.L. No. 35-10-107-173 dated 24th November, 1941
When any proposed arrangement involves a departure from the principle of
seniority and where any clerk is passed over, the District Judge should, before passing
final orders, give the persons concerned an opportunity of laying their claims before him
for consideration.
C.L. No. 94 dated 31st October, 1968
Before passing orders of confirmation in cases where representations made under
Para 376 of the Manual of Government Orders against promotion and appointment of any
official, the District Judges should enquire from the Court about the result of the
representation forwarded by them so that there may be no legal complications in case the
representation is allowed by the Court.
(ii) Ahalmads and Readers
G.L. No. 887/44-28 dated 3rd March, 1914
If an Ahalmad or Court Reader cannot write legibly he should not be promoted.
(iii) Selection grade to class IV employees
C.L. No. 60/Ve-75/Admn.(D) dated 13th September, 1984
Attention of all the District Judges is invited to the instructions contained in G.O.
No. 1915/VII-A-Nya-579/83, dated 4th May, 1984, regarding sanction of selection grade
to class-IV employees.
190
(iv) Promotion of class IV employees
C.L. No. 24/Ve-4 dated 5th February, 1973
Instructions contained in G.O. No. 37/l/69-Niyukti (Kha) Vibhag, dated January 1,
1970 regarding reservation for class IV employees for promotion to the lowest post in
class III should be followed.
C.L. No. 17/Ve-4-Admn. (D) dated 28th January, 1977
G.O. NO. 37/1/69, dated 1.1.1970 provided ten percent reservation for promotion to
class III services to such class IV employees who had passed High School, were
permanent and below 45 years of age.
G.O. No.37/1/1969-2, dated August 21, 1976, has partially modified the aforesaid
G.O. of 1970 to the effect that henceforth those class IV employees who have put in five
years continuous services-whether permanent or temporary - shall be eligible for
promotion. Other conditions, however, remain the same.
The District Judges should keep in view these instructions while making promotion
of class IV employees to class III service.
(v) Reservation in promotion
C.L. No. 67/Ve-94/Admn. (D) dated 28th September, 1984
The court has considered the question of reservation at the stage of promotion for
the members of Scheduled Castes/ Scheduled Tribes and Backward classes working in
civil courts and is of the view that the principle of reservation cannot, be applied at the
stage of promotion.
C.L. No. 40/Ve-94/ Admn. (D) sec : Dated 2nd September, 1997
Regarding reservation of Scheduled Caste, Scheduled Tribe and Backward classes
at the stage of promotion
In continuation of this court‟s C.L. No. 67/Ve-94/ (D) dated 28.9.94 and 55/Ve94 Admn. (D) dated 25.9.93, I am directed to say that the Court has reiterated the view
that U.P. Subordinate Civil Courts Ministerial Establishment Rules 1947 and U.P.
Subordinate Courts Inferior Establishment Rules 1955 do not provide for reservation at
the stage of promotion to any class including SC/ST and Backward Candidates.
Reservation benefit at the stage of promotion is not available to employees belonging to
SC/ST and Backward.
The above decision of the Courts communicated for compliance.
(3) Seniority List
C.L. No. 40/Ve dated 31st March, 1952
The gradation lists required to be maintained under rule - 404, Chapter 14 of
General Rules (Civil) 1957 should be brought up-to-date every year, say in the month of
January, and made available to all concerned so that they may have an opportunity of
checking up their positions in the list.
C.L. No. 30/Ve-4 /Admn. (D) dated 9th March, 1990
Preparation of seniority list of Class III and Class IV employees
I am directed to say that it has come to the notice of the Court that seniority lists of
Class III and Class IV employees are not being properly maintained in the judgeships and