# objectionable as it contravenes the provisions of rule 267, Chapter X of General Rules

- **Citation:** C.L. No. 95-1
- **Court:** Allahabad High Court
- **Decided:** 1957-10-19
- **Case number:** C.L. No. 95-1
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/objectionable-as-it-contravenes-the-provisions-of-rule-267-chapter-x-of-general-162208
- **Pages:** 2

## Text

144
C.L. No. 95-1 dated 19th October, 1957

The practice of allowing the Head Copyist the assistance of a copyist who, in lieu
of the assistance rendered by him, is exempted from giving his daily outturn of work is
objectionable as it contravenes the provisions of rule 267, Chapter X of General Rules
(Civil), 1957.

Previous sanction of the Court may, however, be obtained where it is considered
necessary to exempt a copyist from doing copying work.
C.L. No. 31/VIIIb-1 dated 27th April, 1963
As far as practicable, English and Hindi typists should work on English and Hindi
typewriter respectively and should not be permitted to prepare copies by hand.
(vii) Temporary execution clerks
C.L. No. 114 dated 13th November, 1953
Whenever execution work falls heavily in arrears on account of creation of
additional courts, proposal for appointment of an execution clerk for the permanent or
temporary court of Civil Judge or Munsif, as the case may be, may be submitted to the
Court with facts and figures in support of the case.
(viii) Additional staff for temporary and Honorary Courts
C.L. No. 73/B dated 30th October, 1950
Temporary staff of additional courts should, unless there are orders to the
contrary, be employed only from the date the presiding officer takes over charge and
should be disbanded on the presiding officer handing over charge or the court becoming
vacant as the case may be.
G.L. No. 53/B dated 18th September, 1934
The Staff attached to a temporary court such as that of a temporary Additional
District and Sessions Judge which is provided for a specified period should, in the
interest of economy, be dismissed when the court has been expressly held in obeyance or
when the presiding officer goes on leave for more days and no substitute is provided.
After the temporary court has been revived or on the return of the presiding
officer from leave, the sanctioned staff should be re-employed.
C.E, No. 40/IXg-19 dated 19th June, 1964
As a measure of economy, Government have decided that on the non-plan side,
except in Public Sector commercial takings, staff for new offices and new schemes under
the heads of department should be drawn from the existing staff under their control by
internal rearrangement and the powers to create temporary posts delegated to them should
be exercised only when it is necessary to abolish a post and to create another in its place
with a view to giving effect to such rearrangement. When it is absolutely impossible to
make any such adjustments and entertainment of new staff is unavoidable the matter
should be referred to the Government in the administrative department.
145
(ix) Central Nazir
L. No. 1624/2-A-(1) dated 11th June, 1918
The Munsarim is responsible for drawing the attention of the District Judge to
orders, contained in the letter referred to in the margin, whenever the post of the Central
Nazir has to be filled up. In making the appointment the District Judge should consider
the hardship upon Deputy and Assistant Nazirjs when an outsider is brought over their
heads. It will be difficult to expect efficiency from the Central Nazir if on the occurrence
of every vacancy the post is given to a man who has not gone through the inferior grades.
G.L. No. 3617 dated 25th September, 1924
Whenever an official of the court has to carry on the duties of Nazir or the
permanent incumbent of any other office and which duties do not properly belong to the
office of the official carrying on such duties, he should carefully follow the rules relating
to the office of the absentee in the discharge of his duties. It is desirable that some
members of the staff should be trained in the duties of "accountant Nazir" so that in the
Nazir‟s absence another trained official may be in a position to discharge his duties.
(x) Readers and Ahalmads
C.L. No. 4 VIIIs-88 dated 31st January, 1955
In order to prevent loss through dishonesty, negligence or connivance of the court
officials, it is essential that care is taken in selecting official to work as Readers and
Ahalmads. An official whose integrity is beyond doubt should be appointed to fill up
these posts.
(xi) Mali-Chaukidars
G.L. No. 3765/A-6(1) dated 13th September, 1915
Mali-Chaukidars on a fixed salary should be appointed in place of chaukidars at
all sessions bungalows, so that not merely the grounds outside but the bungalows
themselves and their contents may be kept in a clean and proper condition.
C.L. No. 32/Admn. (G) Sec./2005dated 29th Oct, 2005
Appointments on posts under sub Rule 3 of Rule 4 of the Uttar Pradesh Subordinate
Civil Court Inferior Establishment Rules, 1955.
I am desired to say that the Hon'ble Court (Hon'ble Mr. Justice Sunil Ambwani) in
C.M.W.P. No. 24665 of 2003-Sachin Kumar and others Vs. State of U.P. and others
connected with C.M.W.P. No. 24298 of 2003-Dinesh Kumar Yadav Vs. District Judge,
Baghpat and others has held that though no procedure for appointment to the post of
Chaukidar, Mali, Waterman and Sweeper is prescribed under the Uttar Pradesh
Subordinate Civil Court Inferior Establishment Rules, 1955 but still the discretion given
to the District Judge under rule 4(3) of 1955 Rules is not to be exercised on his whims
and for oblique purposes. The discretion given to the District Judges to make
appointments on the post of Chaukidar, Mali, Waterman and Sweeper is by way of a trust
and must therefore, be exercised in accordance with settled principle of fairness,
transparancy and reasonableness. The appointment on a civil post even if made at the sole