# the Court within 15 days from the date of the receipt of this letter

- **Citation:** C.L. No. 55/Ve-94
- **Court:** Allahabad High Court
- **Decided:** 1993-09-25
- **Case number:** C.L. No. 55/Ve-94
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-court-within-15-days-from-the-date-of-the-receipt-of-this-letter-162308
- **Pages:** 2

## Text

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.
193
I am also to add that the demands for maintenance of correct and up-to-date
account of G.P.F. is genuine and necessary directions be issued for its proper
maintenance.
It is, therefore, requested that necessary steps be taken in respect of above
mentioned matters and a report be sent to the Court.
[12] TRANSFER
(i) Munsarims
C.L. No. 11/Ve-40/Admn. (D) dated 11th February, 1987
Each District Judge is requested to send a report to the Court specifying therein the
information on the following points latest by 15th March:-
1.
Name of the Sadar Munsarim with home district.
2.
Date of appointment as Sadar Munsarim.
3.
Whether he has completed or will complete three years at his present
station on 15th March.
4.
Date of superannuation
5.
Confidential remarks.
Since it has been resolved by the Court to transfer the Sadar Munsarims who have
completed three year‟s stay at their respective stations, it is expedient that the Sadar
Munsarim may be asked to keep in readiness for transfer if he has completed three years.
He may also be asked to indicate and communicate through the District Judge the choice
of stations to which he may like to be transferred or make representation, if any, latest by
15th March. Beyond that date, the matter will not be considered after the orders of
transfer are passed by the Court.
In future whenever a new Sadar Munsarim is appointed or posted, his name and
date of appointment or posting as well as his date of superannuation should be
communicated to the Court immediately after his taking over as Sadar Munsarim for the
record of the court.
C.L. No. 52/Ve-40 dated 7th April, 1952
The District Judge should also confidentially report to the Registrar of the Court if
he would like his Sadar Munsarim to continue as such and whether he has received
complaint against him.
C.L. No. 41/Admn.-ve-40 dated 7th April, 1979
The District Judge should send the requisite report along with representations, if
any, with his comments.
C.L. No. 15/Ve-40 dated 9th February, 1970 and
C.L. No. 45/Ve-40 dated 26th March, 1974
Representations from the Munsarims who have been at a particular station for three
years and more and are due for transfer but whose transfer is likely to cause hardship
should be obtained and sent to the Court for consideration along with recommendations
keeping in mind the desirability of such a transfer.