# habilitation of class III and clas IV ex-employees of abolished Fast Track Courts in various Judgeships of the State. I am directed to say that aforesaid matter was brought to the notice of the…

- **Citation:** C.L. No. 14/VIIb-104/Admn.(D)
- **Court:** Allahabad High Court
- **Decided:** 1973-12-21
- **Case number:** C.L. No. 14/VIIb-104/Admn.(D)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/habilitation-of-class-iii-and-clas-iv-ex-employees-of-abolished-fast-track-162224
- **Pages:** 2

## Headnote

habilitation of class III and clas IV ex-employees of abolished Fast Track Courts in various Judgeships of the State. I am directed to say that aforesaid matter was brought to the notice of the Court, after considering the Hon'ble court has been pleased to resolve that during the period while the final decision about fast track courts is pending phased absorption of the above employees be made by the District Judges as under :-

## Text

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(ii)
Options may also remain open for one up promotion, and
(iii)
The list of all such officials who wi11 prefer to go to the newly created
district be scrutinized by the District Judges of the parent Judgeship and
also of the newly created Judgeship and after giving final shape to the
same be referred to the High Court for the transfer of those officials.
I am, therefore, directed to communicate you the aforesaid direction of the Court
for strict compliance.
C.L. No. 14/VIIb-104/Admn.(D), dated 15th April, 2005
Re-habilitation of class III and clas IV ex-employees of abolished Fast Track Courts in
various Judgeships of the State.
I am directed to say that aforesaid matter was brought to the notice of the Court,
after considering the Hon'ble court has been pleased to resolve that during the period
while the final decision about fast track courts is pending phased absorption of the above
employees be made by the District Judges as under :-
(i)
If vacancies for promotion in the next higher scale of pay are available, the
District Judges may undertake exercise to fill up promotional posts and all
eligible existing regular class III and class IV employees should be
immediately considered for promotion strictly as per rules.
(ii)
On the basis of seniority (length of service) and suitability and continuous
utility of the said ex-ad hoc employees, they may be offered reemployment on ad-hoc basis in the concerned district judgeship where at
they were earlier working in the Fast Track Courts against the available
vacancies in ministerial and inferior establishment of the judgship
provided the said ex-ad hoc employee of the Fast Track Courts so desires
and is willing to seek employment in the judgeship on ad-hoc basis for a
fixed term in the initial scale of pay/initial fixed pay.
(iii)
If no vacancy at the said district Judgeship is available, the information of
the said ex-ad hoc employee (s) may be communicated to other judgeships
within the same administrative zone and if the ex-ad hoc employee (s) in
the same judgeship are not available the ex-ad hoc employees of other
judgeship who are willing to work in such out side court be offered ad hoc
employment after preparing their inter-se seniority at the level of
administrative zone.
(iv)
If the sufficient vacancies are not available in the same administrative
zone, the left over ex-ad hoc employees may be considered in the
adjoining administrative zone following the same principles as laid down
above.
If still some ex-ad hoc employees remain for want of vacancies, they may be
considered for providing ad-hoc employment in any of the Judgeship where the vacancies
are available. The information in respect of (iii), (iv) and (v) above may be collected at
the High Court level and after preparing a common seniority list of such persons
153
appropriate employment may be offered under the direction of the High Court, by the
concerned appointing authority
The entire re-employment above indicated, should be on ad-hoc basis and subject
to filling the vacancies in concerned judgeship on regular basis in accordance with rules
where the re-employed ad-hoc employees may if necessary, be given an opportunity to
compete after giving relaxation in the matter of age etc.
It has been directed that rehabilitation of such persons by re-ad hoc employment
against vacancies in ministerial and inferior establishment of the Districts Judgships may
be considered provided if prior approval of the Hon'ble the Chief Justice as is required
under Circular Letter No. 35/Ve-4/Admn. (D), dated 27.5.1992 and Circular Letter No.
9/VIIb-104/Admn. (D), dated 29th April, 1998, is accorded.
It has been also resolved that no advertisement be issued as the persons to be
emoloyed are already on the list. Further resolved that no reservation regarding caste etc.
be made as the persons are already employed.
I am, therefore, directed to communicate you the aforesaid directions of the court
for strict compliance.
[3] DYING IN HARNESS
Family member of a government servent dying in harness
C.L. No. 63/Ve-4 dated 26th April, 1974
Directions contained in G.O, no, 6/12/1973-Niyukti-4 dated December 21, 1973
regarding employment of the members of the family of a government servant dying in
harness should be followed.
C.L. No. 26/Admn.(D) Section dated July 4, 1995
Directions regarding appointment under Dying in Harness Rules, 1974
I am directed to say that the Court has been pleased to order that the application of
a dependant of an employee who died in harness, shall be considered for appointment in
the district where he/she had last served or last resided.
The Court has further taken a decision that regarding relaxation in upper age limit
for appointment Hon‟ble the Chief Justice may exercise his discretion keeping in view
the facts and circumstances of each case.
C.L. No. 93/Ve-4/Admn. (D) Section dated October 3, 1994
Appointment of dependants of employees dying in harness under the Uttar Pradesh
Recruitment of Dependants of Government Servants, Dying in Harness Rules, 1974
I am directed to say that certain guidelines have been prescribed by the Hon‟ble
the Supreme Court of India in regard to the claims for appointment under the Dying in
Harness Rules on compassionate grounds in SLP No. 10504 of 1993* Umesh Kumar
Nagpal v. State of Haryana and others) connected with SLPs Nos. 2385 of 1994 (Anil
Malik v. State of Haryana). A copy of the judgment delivered on May 4, 1994 is enclosed

* The Judgement of the Hon‟ble Supreme Court referred in this CL has been reported in 1994 (4) SCC 138