R.1 Short title and commencement.

       (i) These 1rules may be called the Himachal Pradesh Judicial Service Rules, 1973.
       (ii) They shall come into force on such date as the Governor may by notification2, in official Gazette, specify in this behalf.
       1.The correction made in these rules by corrigendum No. 7-5/70 DP(Apptt-II), dated 13.8.1975, published in R.H.P. dated 23.8.1975, p. 994 have been carried out.
       2. Enforced w.e.f. 19.4.1973 vide Not No. 7-5/70 DP(Apptt), dated 19.4.1973, published in R.H.P.Extra., dated 19.4.1973, p. 861.

R.2 Definitions.

       In these rules, unless there is anything repugnant in the subject or the context :-
       (a) "Governor" means the Governor of Himachal Pradesh.
       (b) "Government" means the Government of Himachal Pradesh.
       (c) "Commission" means the Himachal Pradesh Public Service Commission.
       (d) "Duty post" means any post specified in Schedule and includes a temporary post carrying the same designation as any of the posts specified therein and the scale of pay which is identical to that attached to Grade II of the Service and any other temporary post declared as duty post by the Government.
       (e) "High Court" means the High Court of Himachal Pradesh.
       (f) "Member of the Se

R.3 Constitution of the Service and its classification.

       (1) On and from the date of commencement of these rules, there shall be constituted a Civil Service to be known as the Himachal Pradesh Judicial Service.
       (2) The Service shall have two grades, namely :-
       (i) Grade I (Selection Grade); and
       (ii) Grade II.
       (3) The posts in Grade I shall be Civil posts Class I (Senior) Gazetted and those in Grade II shall be Civil posts, Class I (Junior) Gazetted.

R.4 Strength of the Service.

       (1) The posts borne on and the permanent strength and Composition of the Service shall be as specified in Schedule I.
       1[(2) The Governor, on the recommendation of the High Court, by order, may create duty posts for such period as may be specified therein.]
       1. Sub-section 4(2) amended vide Not. No. 6-l/72-DP(Apptt.II), dated 4.10.1974 and Not No. 7-5/70-DP(Apptt-II) Vol. II, dated 2.4.1976, and deleted & existing sub-rule (3) renumbered vide Not. Not. 7-5/70-DP(Apptt.II) Vol. II, dated 8.6.1977, published in R.H.P. Extra., dated
       11.6.1977, p. 622, w.e.f. 8.6.1977.

R.5 Method of Recruitment.

       Save as provided in Rule 6 part IV, the appointment to the Service in Grade II shall be made by competitive examination in the manner specified below:-

R. 1 to 5 Rules

       C APPOINTMENT PROBATION AND CONFIRMATION
       1. Appointment.-
       All appointments to the Service shall be made to Grade II of the Service and not against any specific post included in the Service. A member of the Service may be required to work as a Subordinate Judge or a Judicial Magistrate or both :
       1[Provided that if a candidate, on appointment to the service, is unable for any reason other than the orders of Government to join his appointment within three months from the date of receipt of the orders of appointment the Governor may remove his name from the select list and may cancel the orders of appointment, and if he is subsequently appointed, may assign to him seniority in accordance with the
       

R.6 Rule

       All persons who at the commencement of these rules, are working as Subordinate Judges/ Judicial Magistrates either in substantive or officiating capacity and are members of the Subordinate Judicial Service of Himachal Pradesh or had worked as Subordinate Judges/ Judicial Magistrates and were members of the Subordinate Judicial Service of Himachal Pradesh prior to their promotion/ deputation/ transfer to other posts shall be deemed to have been appointed to the service under these rules.

R.7 Rule

       (1) The 1[High Court] shall prepare and maintain a list of members of service appointed in order of seniority.
       (2) The 2[High Court] shall prepare a list of members of Service, arranged in order of senority as determined in the manner specified below:-
       (i) The persons appointed to the service under Rule 6 (Part IV) of these rules shall be senior to all others appointed under Rule 5 (Part III) and their inter-se-seniority shall be the same as determined under Himachal Pradesh Subordinate Judicial Service.
       (ii) In the case of persons appointed under rule 5 (Part III) seniority in the Service shall be determined by the order in which appointments are made to the service :
       Provided that persons recruited on the results

R.8 Control over Subordinate Courts.

       The control over the courts subordinate to the District Courts including the posting and promotion of, and the grant of leave to, person belonging to the service, and all other administrative matters pertaining to the service shall be vested in the High Court but nothing
       in these rules shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service
       prescribed under such law.

R.9 Posting and Transfer

       A person appointed to the service may be posted/ transferred by the High Court to any district to which its jurisdiction extends.

R.10 Pay and Allowances.

       (a) Members of the service shall be entitled to pay on a scale prescribed by the Government from time to time :
       Provided that no member of the service shall be entitled to draw his subsequent annual increment, unless he passes, by the prescribed standard, the departmental examination within the prescribed period.
       Explanation.-
       (i) The stoppage of increment for failure to pass the departmental examination shall not be considered to be a penalty.
       (ii) The increment or increments shall be released retrospectively to a member of the service after he/ she has passed the departmental examination.
       (b) The pay of the members of the service shall be fixed where necessary under

R.11 Appointments to meet exigencies.

       Notwithstanding anything contained in these rules, the Governor may, having regard to the exigencies of service, on the recommendation of the High Court and in consultation with the commission appoint on deputation against duty post, for such period as may be considered necessary, suitable officers belonging to the Himachal Pradesh Administrative Service if such an officer is a Law Graduate or has passed an equivalent examination of recognised university and is considered suitable to work on the judicial line by the High Court.

R.12 Regulations.

       The Government may in consultation with the High Court and the Commission make regulations not inconsistent with these rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to these rules.

R.12(a) Superannuation age.

       The superannuation age of every subordinate judicial officer shall stand extended upto 60 years, the High Court should assess and evaluate the record of the judicial officer within time before he attains the age of 58 years by following the procedure for the compulsory retirement under the service rules applicable to him and give him the benefit of the extended superannuation age from 58 to 60 years only if he is found fit and eligible to continue in service. In case he is not found fit and eligible, he should be compulsorily retired on his attaining the age of 58 years. The assessment in question should be done before the attainment of the age of 58 years even in cases where the earlier superannuation age was less than 58 years.
       The assessment directed there is for evaluating the eligib

R.13 Residuary matters.

       In respect of all such matters regarding the conditions of service for which no provision or insufficient provision has been made in these rules, the rules or orders, for the time being in force, and applicable to servants holding corresponding posts in connection with the affairs of the State of Himachal Pradesh shall regulate the conditions of such service.

R.14 Interpretation.

       If any question arises as to the interpretation of these rules, the same shall be decided by the Governor in consultation with the High Court.

R.15 Power to relax rules.

       1[The Governor reserves to himself the right to relax the provisions of any of these rules in his discretion in consultation with the High Court and the Commission except those containing conditions which are incorported hereinabove pursuant to the directions of the Honble Supreme Court in Review Petition No. 249 of 1992 filed in Writ Petition No. 1022 of 1989 titled All India Judges Association and Others Versus Union of India and Others.]
       1 Rule 15 subs. vide Not. No. Home- B(E)3-l/90-III, dated 8.11.1994

R.16 Repeal.

       (i) On the date on which these rules come into force by the issuance of Notification by the Governor, the Himachal Pradesh Subordinate Judicial Service rules, 1962, shall stand repealed.
       (ii) Notwithstanding such repeal anything done or any action taken under the Himachal Pradesh Subordinate Judicial Service Rules, 1962, shall deemed to have been validly done or taken under these rules.