Amendment to Andhra Pradesh Judicial Ministerial Service Rules, 2003


Pursuant to the recommendations of the First National Judicial Pay Commission (justice Jagannath Shetty Commission) and the orders of the Hon’ble Supreme Court of India, certain orders in addition to and in modification to the extent indicated therein to Andhra Pradesh Judicial Ministerial Service Rules, 2003 were issued.

The Registrar (Administration), High Court of Andhra Pradesh, Hyderabad, while stating that during examination, the High Court found that the orders issued in the G.O. second read above is silent on certain important aspects which are covered by the recommendations of the First National Judicial Pay Commission and approved by the Hon’ble Apex Court and felt inter alia  that it is expedient to make certain amendments to the A.P. Judicial Ministerial Service Rules and initially sent proposals to the government for issue of amendments   to   the   rules.   Further,   on   certain   issues   the   Registrar   (Administration) communicated the clarifications also in the matter.

Government after careful consideration of the matter have decided to accept the same and hereby issue orders for making amendments to the Andhra Pradesh Judicial Ministerial Service Rules, 2003 as proposed by the High Court of Andhra Pradesh, Hyderabad.

The following Notification will be published in Part-I – Extra-ordinary issue of the Andhra Pradesh Gazette:-

Notification

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India of all other powers hereunto enabling the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Judicial Ministerial Service Rules, 2003 issued in G.O.Ms No.129, Law (LA&J-Home Courts.D) Department dated 12-11-2003 and published in A.P. Gazette, Part-I-Extraordinary No.512 dated 5-12-2003 at pp.1-40.

AMENDMENTS

In the said Rules,-
1.for rule 5, the following shall be substituted, namely

“5. Constitution: The service shall consist of the following category of posts in view of the implementation of recommendations of Hon’ble Justice Jagannath Shetty Commission  report  and  Andhra  Pradesh  Judicial  Ministerial  Service Rules, 2003.
Category-1:  Chief Administrative Officers: (formerly known as Administrative Officer).

Category-2:  Senior Superintendents (Bifurcation of Superintendent in APJMS Rules, 2003 ie., formerly known as Head Clerk District Court, Additional District Courts, Sheristadar of Sub Courts and Central Nazir of District Courts).

Category-3: Superintendents (Bifurcation of Superintendent in APJMS Rules, 2003 ie., formerly  known  as  Translators,  Head  Clerks  of  Munsif  Courts,  U.D. Record Keepers of District Courts and Copying Superintendent)

Category-4: Stenographers Grade-I (Restructured category of Personal Assistant)

Category-5: Stenographers Grade-II (Restructured category of Personal Assistant)

Category-6: Stenographers Grade-III (Restructured category of Personal Assistant)

Category-7:   Senior Assistants (formerly known as Upper Division Clerk).
Category-8: Junior Assistants (formerly known as L.D. Clerk)

Category-9:   Typists
Category-10: Field Assistants (formerly known as Bailiffs / Amins)

Category-11:     Examiners
Category-12:  Copyists

Note:1: The re-designation of the posts as above will be implemented with effect from 01- 4-2003 and will not affect the gradation or seniority of persons holding posts as on the date of implementation of the G.O.

Note:2: The posts in categories 1 to 5 and 7 above are selection posts, promotion to which shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal.”;
2.  for rule 6, the following shall be substituted, namely:-

“6: Method of appointment and appointing authority Subject to the other provisions in these rules, the method of appointment and appointing authority for several categories shall be as follows.

Category and name of the post Method of appointment Appointing authority
1. Chief Administrative Officers By Promotion of Senior Superintendents (Category-2) andStenographer Grade-I (Category-4) in the ratio of 5:1 DistrictJudge
2. SeniorSuperintendents By promotion of Superintendents (Category-3) DistrictJudge
3. Superintendents By promotion of Senior Assistants (Category-7) DistrictJudge
4 StenographersGrade-I By promotion of Stenographers grade II (Category-5) DistrictJudge
5. StenographersGrade-II By Promotion of Stenographers Grade III (Category -6) DistrictJudge
6. StenographersGrade III 1. 60% By direct recruitment2. 40% By promotion of Junior Assistants (Category-8)/

typists (Category-9) from a combined seniority

DistrictJudge
7. SeniorAssistants By promotion of Junior Assistants (Category-8)/Typists (Category-9) and Field Assistants (Category-10) by fixing the ratio of 5:1 in a cycle of Six (6) vacancies as prescribed in Note 2 DistrictJudge
8. JuniorAssistants 1 50% By direct recruitment 2 50% By promotion of Examiners (Category-11)/Copyists (Category-12) from the combined seniority and appointment by transfer from the post of Record Assistants, Drivers and Process Servers by fixing ratio of8:4:1:3 in a cycle of 16 vacancies as prescribed in Note 2 DistrictJudge

9. Typists

150% By direct recruitment

250% BypromotionofExaminers (Category11)/Copyists (Category12)from thecombinedseniority and appointmentby transfer from the postofRecord

AssistantsandProcessServersbyfixingratioof 9:4:3ina cycleof16vacanciesasprescribedinNote2

District

Judge

10.Field

Assistants

1.33 1/3%By direct recruitment

2.66 2/3%By appointmentby transfer ofprocessServer inA.PLast Grade ServiceRules

District

Judge

11.Examiners

1.50%By Direct recruitment

2.50%By appointment bytransferofAttenders inA.P. Last GradeServiceRules

District

Judge

12.Copyists

1.50%By directrecruitment

2.50%By appointmentbytransferof attenders inA.P. Last GradeServiceRules

District

Judge

Note: 1  The combined seniority list shall be prepared as referred supra with reference to the date of their regular appointment to the respective categories.

Note: 2Cycle for Promotion of Senior Assistants:

1  Junior Assistant/ Typist

2. Junior Assistant/ Typist

3. Junior Assistant/ Typist

4 Field Assistant

5 Junior Assistant/ Typist

6.Junior Assistant/ Typist

Cycle for Promotion of Junior Assistants

1.  Examiner / Copyist

2.  Examiner / Copyist

3.  Record Assistant

4.  Process Server

5.  Examiner / Copyist

6.  Examiner / Copyist

7.  Record Assistant

8.  Driver

9.  Examiner / Copyist

10. Examiner / Copyist

11. Record Assistant

12. Process Server

13. Examiner / Copyists

14. Examiner / Copyists

15. Record Assistant

16. Process Server

If there is no qualified and suitable member in above 16 Points Cycle at any level, the turn lapse and the said vacancies shall be filled by next turn in the order of rotation No account shall be taken of any such lapsed turns in filing future vacancies.

Cycle for Promotion of Typists

1. Examiner / Copyist            9. Examiner / Copyist

2. Examiner / Copyist            10. Record Assistant

3. Examiner / Copyist            11. Process Server

4. Record Assistant                           12  Record Assistant

5. Process Server                              13. Examiner / Copyist

6. Record Assistant                           14. Examiner / Copyist

7. Examiner / Copyist            15. Examiner / Copyist

8. Examiner / Copyist            16. Process Server

If there is no qualified and suitable member in above 16 Points Cycle at any level, the turn lapse and the said vacancies shall be filled by next turn in the order of rotation.  No account shall be taken of any such lapsed turns in filing future vacancies

Note 3: The appointing authorities shall exercise their power subject to the control of High Court.”;

3.  for rule 8, the following shall be substituted, namely:- “8 : Qualifications :

(a)  No person shall be eligible for appointment to the categories specified in Column (1) of Annexure to these rules by the method specified in Column (2) unless such person possessed the qualification specified in the corresponding entry in column (3) thereon

(b)   Linguistic   qualification:      A   candidate   shall   not   be   eligible   for appointment if he does not possess an adequate knowledge to the language or languages of the district in which he is to be appointed. The language or languages of the districts is as specified in Annexure – III to these rules.

Provided that where two or more languages are specified for a district and sufficient number of candidates who have an adequate knowledge of all the languages are not available, candidates who have an adequate knowledge of any one of the said languages according to the needs of the District may be selected and such candidates shall be eligible for appointment in that district.”;

4.        In rule  8 for the Annexure, the following shall be substituted, namely:-

ANNEXURE (RULE 8)

Sl.No Category     andname    of    the

Post

Method             ofappointment and appointing

Authority

Qualifications
1 ChiefAdministrative

Officer

By        Promotion from Category 2 &4 Must be a Graduate.Must have passed prescribed Departmental

Tests i.e.,  Civil Judicial Test – I & II, Criminal Judicial Test, Accounts Test for subordinate Officers Part-I and Translation Test

2 SeniorSuperintendent By promotion fromCategory 3 IntermediateMust have passed prescribed Departmental Tests   i.e., Civil Judicial Test Part-I   & II. Criminal Judicial Test, Accounts Test for subordinate officers Part-I and Translation Test
3. Superintendent By promotion fromCategory 7 IntermediateMust have passed prescribed Departmental Tests i.e, Civil Judicial Test Part-I & II. Criminal Judicial Test, Accounts Test for subordinate officers Part-I and Translation Test i.e., (i) Translation from English to the Regional Language and (ii) Translation from Regional Language to English)
4. StenographersGrade-I By promotion fromCategory 5 Intermediate
5. StenographersGrade-II By promotion fromCategory 6 Intermediate
6. StenographerGrade III By direct recruitment   OR By        Promotionfrom Category 8 &

9

Must have passed Intermediate examination conducted by the State Board of Intermediate education  or  its equivalent and must havepassed   A.P.   Govt.   Technical   Examination English typewriting by Higher Grade and must have passed A.P. Govt. Technical examination in  English Shorthand by higher grade   or equivalent Provided that if candidates who have passed the examination by Higher Grade are
not  available  those  who  have  passed  theexamination  by the lower grade may be considered.

Must have knowledge or qualification   in computer operation.

7 Senior Assistant By promotion from categories 8, 9 &10 Intermediate.Must  have  passed  prescribed  Departmental Tests ie., Civil Judicial Test Part-I & II, Criminal Judicial  Test  and  Accounts  Test  for Subordinate Officers Part-I
8 Junior Assistant By  direct recruitment Or Bypromotion Must  have  passed  Intermediate  examination conducted by the State Board of IntermediateEducation   or   its   equivalent. Must have knowledge or qualification in    computer operation
9. Typist By directrecruitment  OR By promotion For direct recruitmentMust have passed Intermediate examination conducted by the State Board of Intermediate Education or its equivalent.  Must have passed A.P. Govt Technical Examination in English Typewriting by Higher Grade Qualification Must have knowledge or qualification in Computer Operation.

For Promotion

Must have passed Intermediate examination conducted by the State Board of Intermediate Education or its equivalent.  Must have passed A.P. Govt. Technical Examination in English Typewriting by Higher grade qualification Provided that candidates who have passed the examination by the higher grade are not available those who have passed the examination by the Lower Grade may be considered.     Must have knowledge or qualification in computer operation

10 Field Assistant By directrecruitment Or By promotion Must have passed intermediate conducted byState Board of Intermediate Education its equivalent
11 Examiner By  direct recruitment  ORBy promotion Must  have  passed  Intermediate  examination conducted by the State Board of IntermediateEducation or its equivalent
12 Copyist By  directrecruitment Or By promotion For direct recruitmentMust have passed Intermediate examination conducted by the State Board of Intermediate Education or its equivalent.  Must have passed A.P. Govt Technical Examination in English typewriting by Higher grade qualification. Provided that candidates who have passed the examination by the Higher Grade are not available those who have passed the examination by the Lower grade may be considered.

For Promotion

Intermediate

Must have passed I A.P. Govt Technical Examination in English typewriting by Higher grade  qualification,  or  Lower  Grade qualification.

 

Note No.1 :-  A person who has appeared for the test on the date of occurrence of the vacancy in the higher post and passed the same subsequent thereto shall be treated as qualified on the date following the date of completion of the test of tests, if as on that there is a vacancy in higher category remaining unfilled for want of a test qualified candidate.

Note No.2 :-   A person appointed to a post in accordance with the rules applicable to him at the time of his appointment shall not be required to acquire higher qualifications prescribed for that post subsequent to his appointment”.

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