Kerala State Higher Judicial Service Rules, 1961
(1) The service shall consist of a single cadre, namely, District and Sessions Judge.
(2) The strength of the service shall be such as may be determined from time to time by the Governor in consultation with the High Court.
(3) 2[fifteen] percent of the posts in the service shall be in Supertime Scale and 2[thirty five] percent of the posts in the service shall be in Selection grade.]
(1) Appointment to the service shall be made as follows:
(a) Sixty five percent of the posts in the service shall be filled up by appointment by promotion from amongst the Subordinate Judges and Chief Judicial Magistrates in the Kerala State Judicial Service on the basis of merit-cum-seniority and a suitability test based on an interview to be conducted in such manner as may be specified by the High Court. The merit of eligible officers shall be assessed on evaluation of judgments and Annual Confidential Report for the last five years and the views of the Judge in- charge of the District in which the officer concerned is functioning or has functioned.
(b) Ten percent of the posts in the service shall be filled up by appointment by promotion strictly on the basis of merit through Limited Competitive Examination (LCE) of Subordinate Judges and Chief Judicial Magistrates in the Kerala State Judicial Service having not less than five years of substantive service on the las
A candidate for appointment under item (c) of sub-rule (1) of rule 2 shall satisfy the following general conditions, namely:--
(a) he shall be a citizen of Indian Union;
(b) he shall have attained the age of 35 years and shall not have completed 45 years of age on the first day of January of the year in which applications for appointment are invited;
Provided that the provisions in sub-rule (c) of rule 10 of the Kerala State and Subordinate Services Rules, 1958 raising the upper age limit in the case of candidates belonging to Scheduled Castes, adult members of Scheduled Castes and their children when such adult members are converted to other religions, Scheduled Tribes and Other Backward Classes shall be applicable to such candidates for appointment under item (c) of sub-rule (1) of rule 2;
2[Provided further that the persons with benchmark disabilities are granted five years of age relaxation over and above the existing age limit.
E
(a) Every person appointed to category 1[Supertime Scale and Selection Grade posts]
(b) There shall be no probation for 2[supertime Scale and Selection Grade posts].
(1) All appointments to the service referred to in item (a), (b) and (c) of sub-rule (1) of rule 2 shall be made by the Governor in consultation with the High Court.
(2) All appointments to the Selection Grade and Supertime Scale posts shall be made by the High Court
(3) Appointments to the service shall be made on the basis of roster system, the first post shall be filled from the list of promotees, the second post shall be filled up by direct recruitment, the third and fourth posts shall be filled up from the list of promotees and fifth post shall be filled up by the candidate selected strictly on merit through Limited Competitive Examination (and so on) according to the roster as prescribed in the Appendix to these rules which will cease to operate on the date the respective three streams achieve their full allotted vacancies. Thereafter, on account of arising any vacancy in the quota of respective stream, the same shall be filled up from the same stream of which va
All postings and transfers of persons appointed to categories 1[the service] shall be made by the High Court.
1[(1) The seniority of a person appointed to 4[the service]shall, unless he has been reduced to a lower rank as punishment, be determined with reference to the date of the order of his first appointment to the 5[service].]:
2[x x x x]
(2) If two or more persons are appointed by the very same order 3[to the service] their inter se seniority shall be determined by the serial order in which their names appear in the appointment order.
Rules relating to pay, allowances and other conditions of service applicable to Government servants in general, not inconsistent with the directions of the Honourable Supreme Court in the All India Judges Association's Case, shall where no specific provisions are made in these rules, apply to members of this service.]
(1) Not withstanding anything contained in these rules and without prejudice to the generality of the provisions contained in the Kerala Service Rules an officer borne in this service who has attained the age of 50 years, 55 years and 58 years may compulsorily be retired in public interest by giving him notice of not less than one month in writing or one month pay and allowances in lieu of such notice, if the High Court on an assessment and evaluation of the records of such officer is of the view that such officer is not fit and eligible to continue in service beyond the age of 50 years, 55 years and 58 years, as the case may be.
(2) Whether a member of the service should be retired in public interest under sub-rule (1) shall be considered at least three times, that is when he is about to attain the age of 50 years, 55 years and 58 years:
Provided that nothing in sub-rule (2) shall be construed as preventing such consideration by the High Court of a member of the
(i) A member of the service shall if he resigns his appointment, forfeit not only the service rendered by him at the time of resignation but all his previous service under the Government.
(ii) The reappointment of such a person to the service shall be treated in the same way as a first appointment to such service by direct recruitment and all rules governing such appointment shall apply and on such reappointment he shall not be entitled to count any portion of his previous service for any benefit or concession admissible under any rule or order.
1[APPENDIX | |||||||||||||||||
See Rule 5 (3) | |||||||||||||||||
The Roster to be followed for appointment in the Kerala State Higher Judicial Service Cadre Appointment of Entitlement | |||||||||||||||||
Serial number of post | Promotee 65% | Direct Recruits 25% | Limited Competitive Examination 10% | Stream for which the | |||||||||||||
1 | 2 | 3 | 4 | 5 | |||||||||||||
1 S.2
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