2.7 HARYANA

2.7.1 The State of Haryana came into existence with effect from 1-11-1966 vide Punjab Re-organisation Act, 1966. Prior to that, the entire area which now comprises State of Haryana after 1-11-1966 was a part of erstwhile Punjab and the history of Punjab prior to 1-11-1966 is to be read as history of Haryana.

2.7.2 In Haryana, there are two cadres in the service viz. Superior Judicial Service and Haryana Civil Service (Judicial Branch).

2.7.3 Both the categories of officers enjoy Civil and Criminal Jurisdiction at the same time.

2.7.4 The Superior Judicial Service consisted of District & Sessions Judges and Additional District & Sessions Judges and exercised both Civil & Criminal jurisdiction.

2.7.5 The Officers of Haryana Civil Service (J.B.) also enjoy Civil and Criminal jurisdiction simultaneously and they were designated as under :-

i) Senior Sub Judge.

ii) Sub Judge 1st Class.

iii) Sub Judge 2nd Class.

iv) Sub Judge 3rd Class.

On the Criminal side they were designated as :-

i) Chief Judicial Magistrate.

ii) Additional Chief Judicial Magistrate.

iii) Sub Divisional Judicial Magistrate.

iv) Judicial Magistrate 1st Class.

v) Judicial Magistrate 2nd Class.

2.7.6 After the judgment of Hon'ble Supreme Court in All India Judges' Association case reported in 1993 (6) SLR 37, uniformity in heirarchy and designation was given effect to throughout the country including the States of Punjab & Haryana and Haryana Civil Service (Judicial Branch) was divided into following two categories :-

i) Civil Judge (Senior Division) which included Additional Civil Judge (Senior Division), and

ii) Civil Judge (Junior Division).

2.7.7 Initial appointment to the post of Civil Judge (Junior Division)-cum-Judicial Magistrate Second Class is made from amongst the Advocates with three years' practice at the Bar, by the Haryana Public Service Commission, on the basis of written test and interview. Every candidate on being appointed as Civil Judge (Jr. Division) is on probation for two years. On appointment, he is given training for 15 weeks in revenue, civil and criminal matters besides in office administration.

2.7.8 The initial pay on appointment as Civil Judge (Junior Division)-cum- Judicial Magistrate Second Class is Rs.2200-75-2800-EB-100-4000. After five years of service, he will be entitled to the senior scale of Rs.3000-100-3500-125-4500. After 12 years of service, he would be entitled to the selection grade in the pay scale of Rs.4100-125-4850-150-5300.

NOTE:- The Judicial Officers of the State of Haryana have been granted interim relief as recommended by the First National Judicial Pay Commission at 40%.

2.7.9 The Civil Judge (Junior Division)-cum-Judicial Magistrate Second Class are designated as Civil Judge (Sr. Divn.) / Additional Civil Judge (Sr. Divn.) / Chief Judicial Magistrate on the basis of their seniority in the cadre, as these are not promotion posts.

2.7.10 There are altogether 178 posts in the cadre.

SUPERIOR JUDICIAL SERVICE :

2.7.11 Recruitment to Haryana Superior Judicial Service is made by promotion as well as direct recruitment.

2.7.12 At present, 85% of the posts are filled up by promotion from amongst the members of Haryana Civil Service (Judicial Branch) who have completed not less than 10 years of continuous total service and have held for an aggregate period of one year or more anyone or more of the following posts, viz.,

i) Civil Judge (Senior Division);

ii) Additional Civil Judge (Sr. Division);

iii) Chief Judicial Magistrate;

iv) Addl. Chief Judicial Magistrate; and

v) Judge, Court of Small Causes.

2.7.13 Fifteen per cent of the cadre strength is filled up by direct recruitment from amongst the advocates who have practised at least for 10 years. Direct recruits will be on probation for a period of two years.

2.7.14 At present, there are 88 posts in the pay-scale of Rs.3200-100-3700-125-4700-150-5600 with special pay of Rs.200/-.

NOTE:- Prior to Notification dated 6-3-1991, two-third of the total cadre posts were manned by promotee officers and one-third by direct recruits, Rule 8(2) of the Punjab Superior Judicial Service Rules, 1963 (as applicable to the State of Haryana) were amended vide Notification dated 6-3-1991 increasing the quota of promotee officers from two-third to three-fourth and decreasing the quota of direct recruits from one-third to one-fourth. Thereafter Rule 8(2) of Rule ibid was again amended by the Haryana Government vide Notification dated 29-9-1997 increasing the quota of promotee officers from 75% to 85% and decreasing the quota of direct recruits from 25% to 15%.

2.7.15 The posts of Legal Remembrancer and Joint Legal Remembrancer, Haryana carry special pay of Rs.500/- per month. These are selection grade posts in the pay scale of Rs.5900-200-6700.

2.7.16 The initial pay of the direct recruits will be fixed in the time-scale after allowing one increment for every two completed years of practice at the Bar beyond the practice of 10 years, subject to a maximum of 5 increments.

2.7.17 JURISDICTION :

The Court of the District Judge is the Principal Court of original Jurisdiction in the District. The District Judge also exercises appellate jurisdiction.

Normally, the Civil Judge has territorial jurisdiction within the District of his posting. An appeal from the decree or order of the Civil Judge lies to the District Judge irrespective of the value of original suit. Additional District Judge is entrusted with such appeal having jurisdiction value of not more than Rs.1,50,000/-.

The Civil Judge (Junior Division) with less than 3 years of service shall have limited pecuniary jurisdiction up to Rs. 2 Lakhs.

The Civil Judge (Junior Division) having more than 3 years of service shall have unlimited pecuniary jurisdiction.

The Civil Judge (Senior Division) exercises unlimited pecuniary jurisdiction. However, the Civil Judge (Senior Division) also exercises appellate jurisdiction in respect of certain categories of suits in pursuance of the powers conferred on him by the High Court under sub-section (5) of Section 39 of Punjab Court's Act, 1918.

The Sessions Judge / Additional Sessions Judge in the District exercise appellate and revisional jurisdiction in respect of the Criminal cases decided by the Chief Judicial Magistrate / Judicial Magistrate First Class.

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