# confirmation of the employees are not made in due course in accordance with the Rules

- **Citation:** circular letter No.49/Ve-60/Admn
- **Court:** Allahabad High Court
- **Decided:** 1985-09-21
- **Case number:** circular letter No.49/Ve-60/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/confirmation-of-the-employees-are-not-made-in-due-course-in-accordance-with-the-162305
- **Pages:** 2

## Text

191
confirmation of the employees are not made in due course in accordance with the Rules.
This state of affairs at times becomes cause of grievance to many giving rise to
representations to the High Court. In this connection reference may be made to the
circular letter No.49/Ve-60/Admn. (D) dated September 21, 1985 relating to the demands
of the U.P. Civil Courts Employees‟ Association where in one of the directions issued
was to consider the matters of confirmation of temporary employees in case permanent
vacancies are available in your Judgeship. But compliance of that direction does not
appear to have been made so far.
It is now expedient that the Class III and Class IV employees should be confirmed
in accordance with the Rules within two months and the seniority of the employees of
both the classes should be determined within three months.
I am, therefore, to ask you to confirm the Class III and Class IV employees in
accordance with the Rules within two months and determine the seniority of the
employees of both the classes within three months.
I am further to ask you to submit the compliance report of the aforesaid directions
to the Court giving details on the proforma attached herewith.
The above directions may kindly be followed strictly.
Seniority list of Class III/Class IV employees of.........Judgeship.
SI..No.
Name of
Employee
Date
of
Appointment
Nature
of
Appointment
Grade/Scale
of Pay
Date
of
Probation
Date
of
Confirmation
Remarks
1
2
3
4
5
6
7
8

C.L. No. 36/VIC-1 dated 28 May, 1992
Preparation of list of Candidates of Class IV employees in terms of existing, U.P.
Subordinate Civil Courts Inferior Establishment Rules, 1955
I am directed to say that the Government of Uttar Pradesh has desired to bring
changes in the Uttar Pradesh Subordinate Civil Courts Inferior Establishment Rules, 1955
by replacing the same by the "Uttar Pradesh Subordinate Courts Group „D‟ Services
Rules, 1986", which are still under consideration by the High Court and Government of
Uttar Pradesh. However, till finalisation of the U.P. Subordinate Courts Group „D‟
Services Rules, 1986, the recruitment in Class IV services of the Judgeship shall be
governed by the existing U.P. Subordinate Civil Courts Inferior Establishment Rules,
1955.
I am, therefore, to request you kindly to ensure compliance as stated above.
C.L. No. 60/Ve-31/Admn. (D) dated 14 October, 1993
Preparation of gradation list of various categories of the Civil Court employees
I am directed to request you to take immediate steps to prepare gradation list of
various categories of employees of your Judgeship.
I am further to add that while preparing the gradation list it is to be kept in mind
that the principle of reservation is applicable only to initial appointments and not at the
stage of promotion and interse seniority of the officials is to be fixed according to Rule
14 of the U.P. Subordinate Civil Courts Ministerial Establishment Rules, 1947 and Rule
13 of U.P. Subordinate Civil Courts Inferior Establishment Rules, 1955 and not
according to the list prepared as a result of the roster system.
192
I am, therefore, to request you to prepare the gradation list and send a copy of it to
the Court within 15 days from the date of the receipt of this letter.
C.L. No. 55/Ve-94. Admn. (D) dated 25 September, 1993
Determination of seniority of candidates appointed to Class III and Class IV Posts
in the Subordinate Courts-Strict compliance with Rules.
It has been brought to the notice of the Court that the Seniority List of the
employees of Class III and Class IV in the subordinate courts is not being prepared and
kept in accordance with Rule 14 of the U.P. Subordinate Civil Courts Ministerial
Establishment Rules, 1947 and Rule 13 of U.P. Subordinate Civil Courts Inferior
Establishment Rules, 1955 and instead, the roster prepared for general candidates and
reserved categories under G.O. No. 15/28/78 Ra-Eki-133 dated 26.2.76 for offering initial
appointments as a result of direct recruitment is wrongly being treated as the seniority list
for the purpose of promotion to next higher grade.
The Court has considered the matter and has come to the conclusion that the G.O.
referred to above applies only to initial appointments offered to the candidates directly
recruited and not to the matter of fixation of the seniority. The Court has already
conveyed its decision under C.L. No. 67, dated 18.9.1987 according to which the
principle of reservation cannot be applied at the stage of promotion. The seniority list,
prepared according to Rule 14 and not the list prepared as a result of the roster system,
shall be the seniority list for all intents and purposes including seniority and promotion,
I am, therefore, to ask you to kindly prepare and maintain the lists of seniority
according to the provisions of the Rule 14 of the U.P. Subordinate Civil Courts
Ministerial Establishment Rules, 1947 in respect of Class III Posts and Rule 13 of U.P.
Subordinate Civil Courts Inferior Establishment Rules, 1955 for Class IV Posts.
1 am further to ask you to kindly make full compliance of these directions and
prepare the seniority lists of class III and class IV employees accordingly within a month
form the receipt of this Circular Letter.
C.L. No. 52/Ve-94/Admn.(D) dated 24 May, 1994
Determination of seniority of candidates appointed to class III and Class IV posts in
the subordinate Courts, strict compliance with rules.
While sending a copy of the Court‟s Circular Letter No. 55/Ve- 94/Admn.(D),
dated 25.9.1993, on the above subject, I am directed to ask you kindly to comply
immediately with the order of the Court contained in the circular letter mentioned above,
if not done so far and send the compliance report within a fortnight positively from the
date of receipt of the letter.
C. L. No.37/VIC-10/Admn. (D) dated 8 May, 1991
Demands of Uttar Pradesh Himayat Chaprasiayan Civil Courts, Etah.
I am directed to say that the Court has received a charter of demands from the
President, Anjuman Himayat Chaprasiayan, Etah, and after considering the matter, the
Court is of the view that the demand of the Association as to filling up of the 15% of
vacancies in Class III by promotion from Class IV employees is genuine and the same be
done according to existing instructions.
I am further to say that the cases of temporary Class IV employees for making them
permanent be also considered according to the rules in this behalf.