Creation of Bench Clerk Grade-I, II, III, implementation of Shetty commission (No.4550-F(P) Dated, the 11th June, 2015)
Creation of Bench Clerk Grade-I, II, III, implementation of Shetty commission (No.4550-F(P) Dated, the 11th June, 2015)
Government of West Bengal
Finance (Audit) Department
"Nabanna"
Mandirtala, Howrah -711 102
No.4550-F(P) Dated, the 11th June, 2015
MEMORANDUM
In order to resolve various issues arising out of Shetty Commission recommendations in respect of employees of District and Sub-Ordinate Courts a Memorandum was issued under this Department's No.3840-F(P) dated 23.07.2014. Subsequently, this Department received some references from various corners seeking further clarification on certain points. For the sake of proper implementation of the recommendations of Shetty Commission in respect of the staff of District and Sub-Ordinate Courts in this state, some further clarification / modifications on certain points need to be provided. Therefore, in partial modification of this Departinent's No.3804-F(P) dated 23.07.2014, the Governor is pleased to issue revised guidelines as follows:
1. Creation of the posts of different Grades of Bench Clerk:
The posts of Bench Clerk Grade-IIl, Grade-Il and Grade-I created by the respective District Judges in pursuance of Judicial Department's G.O.N0.5142-J dated 20.07.2009 are hereby ratified as fait accompli subject to following provisions :
(a) The total number of posts of Bench Clerk Grade-III will not be more than total number of courts of Civil Judige (Junior Division/Magistrate).
(b) The total number of posts of Bench Clerk Grade-II will not be more than total number of courts of Civil Judge (Senior Division)/CJM/CMM/ACJM/ ACMM.
(c) The total number of posts of Bench Clerk Grade-I will not be more than total number of courts of District Judge / Additional District Judge.
(d) Such creation shall be made primarily by conversion of comparable posts in the existing set-up (i.e. Bench Clerk Grade-III to be created by conversion of existing posts in U.D.C. cadre, similarly Bench Clerk Grade-II and Bench Clerk Grade-I by conversion of existing comparable posts of Head Clerk cum Translator/ District Nazir / Accountant / Sheristedar etc. in pre-revised scale No.10 & 12 respectively as far as possible). In case of non-availability of comparable posts, new posts in the higher grades (Grade-II & Grade-I) may be created by surrendering equivalent number of posts from the lower feeder cadres of UDC / LDC etc.. New posts of Bench Clerk in different grades so created shall maintain the 1:1 ratio for the remaining posts of LDCs and UDCs after such conversion.
(e). All such posts shall be deemed to have been created w.e.f. 01.04.2003.
2. Filling up of the posts of Bench Clerk in different Grades:
(a) All posts of Bench Clerk Grade-III shall be filled up from the cadre of officials holding pre-revised Scale No.9 as decided earlier.
(b) The posts of Bench Clerk Grade-II shall be filled up primarily by appointment from the cadre of the officials holding pre-revised Pay Scale No.10. In case of non-availability of sufficient number of incumbents in the pre-revised Pay Scale No.10, the posts of Bench Clerk Grade-II may be filled up by way of promotion from the lower feeder cadre of officials holding the pre-revised Pay Scale No.9.
(C) Posts of Bench Clerk Grade-I may similarly be filled up by transfer from the cadre of officials holding the pre-revised Pay Scale No.12 or by promotion from the feeder cadre of officials holding pre-revised Pay Scale No. 10 as per provision of Memo No 5142-J dated 20.07.2009
(d) All cases of appointinent from one post to another within the same cadre in same scale of pay will not be treated as promotion and thers will be no fixation of pay. If fixation has been done otherwise, that should be rectified and overdrawn amount shall become refundable to Government. District Judges will be required to maintain separate Gradation List for each common cadre comprising of all posts in same Pay Scale.
3. Creation of Additional Supervisory level posts of Head Clerk:
Additional Supervisory level posts of Head Clerk in pre-revised Scale No.10 have been provided under F.D.Memo.No. 1683-F dated 23.02.2009. The said benefit shall also be extended to the employees of District and Sub-Ordinate Courts wef. 01.08.2008. Accordingly the number of posts of Bench Clerk Grade-III as created by conversion shall be taken into account along with tout somer équivalent posts of Seale No.9 (Nazir, Head Clerk etc.) for computation of combined strength of LDCs & UDCs on which basis Supervisory level posts shall be adinissible under 10% quota as prescribed in the said G.O. The number of Additional Supervisory level posts as is to be créated shall be determined after deduction of all existing promotional posts in Scale No.10 borne in the same cadre of supervisory posts (e.g. Head Clerk cum Translator / Distict Nazir / Bench sClerk Grade-II etc.). If the existing number of all such posts in pre-revised Scale No.10 as on 01.08.2008 is more than 10% of combined strength LDC / UDC / Bench Clerk Grade-III cadre, no additional supervisory level posts will be created as per provision of the said order,
4. Entitlement of Head Clerks in Pre-revised Scale No.9 with one additional increment :
In the establishment of some of the District judgeship some UDCs were designated as Head Clerk who were drawing Pay in same Scale of Pay (₹ 4000-8850/-) with one incremental benefit. Additional increment being drawn by them is in the nature of additional remuneration for rendering additional work. Since the pay scale of so-called Head Clerks is same as that of UDCs, they will not come under the purview of Finance Department's Memo Nos. 1682-F and 1683-F dated 23.02.2009 òr Memo No.9965-F(P) dated 11.10.2010 and No.10751-F(P) dated 19.11.2010 for the purpose of scale upgradation. Obviously their pay scale can not be upgraded in terms of the said orders and such Head Clerk if proniuted to Bench Clerk Grade-II or any equivalent post will be eligible for fixational benefit under normal rules. But additional increment can not be taken into account for fixation on their promotion to higher post.
5. Restructuring of the Set up under judgeship on conversion/creation of posts :
All the District Judges shall prepare a statement showing all the posts as stood on 01.04.2003 prior to implementation of Shetty Commission recommendation and also depicting the position as stood after restructuring of the set-up on conversion/creation of the posts pursuant to Shetty Commission recommendation as well as G.O. No.1683-F dated 23.02.2009. The statement so prepared shall be furnished to Finance Department through Administrative Department positively within 4 (four) months from the date of issue of this order for final ratification of the same.
6. .Disposal of pending cases of Pension :
During the pendency of ratification as stated hereinbefore, the Accountant General (A&E), West Bengal may settle the pending pensie cas of retired court employees under different Judgeship of West Bengal on the basis of the aforementioned orders and clarifications in special dispensation hereby made of the existing provisions, subject to furnishing an undertaking along with the application for pension by the employee concerned that he / she will not raise any objection to the reduction of his / her pension, if found afterwards to have been fixed in excess and to refund the overdrawan amount in this regard.
All earlier orders issued in this regard shall also stand modified to aforesaid extent.
Sd/- H.K. Dwivedi
Principal Secretary to the
Government of West Bengal
No.4550/1(4)-F(P) Dated, the 11th June, 2015
Copy forwarded for information and necessary action to :
1. The Principal Accountant General (A&E), West Bengal, Treasury Buildings, Kolkata-700 001.
2. The Principal Secretary, Judicial Department, Writers' Buildings, Kolkata-700 001.
3. The Joint Secretary, Finance Department, Pension Cell, Writers' Buildings, Kolkata-700 001.
4 Guard File.
Sd/-
Special Secretfay to the
Government of West Bengal
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