J&K and Ladakh Judicial Service Rules, 2025 notified

Jammu, Jun 20: J&K Department of Law, Justice and Parliamentary Affairs Friday notified Jammu and Kashmir and Ladakh Judicial Service Rules, 2025î to regulate the promotion and service conditions of members of the Jammu and Kashmir and Ladakh Judicial Service.

The rules notified were made by the J&K Lieutenant Governor, Manoj Sinha, in consultation with the High Court of Jammu and Kashmir and Ladakh and Jammu and Kashmir Public Service Commission, in exercise of the powers conferred by article 234 and 235 read with proviso to Article 309 of the Constitution of India and all other enabling provisions in this regard.

The Service, as per notification issued by J&K Law Secretary Achal Sethi on behalf of the LG Sinha, will consist of two cadres i.e., Civil Judge (Senior Division)-cum-Judicial Magistrate 1st Class and Chief Judicial Magistrate.

Second cadre will be Civil Judge (Junior Division)-cum-Judicial Magistrate 1st Class.

The cadre strength of the service will be such as may be determined, from time to time, by the Administrator (LG J&K) on the recommendations of the High Court.

The permanent and temporary strength of Civil Judge (Senior Division)-cum-Judicial Magistrate 1st Class and Chief Judicial Magistrate, will be 94 (71 permanent and 23 Ex-cadre, unless varied whereas the permanent or temporary strength of the Civil Judge (Junior Division)-cum-Judicial Magistrate 1st Class will be 151 (107 permanent and 44 Ex-cadre.

The Appointing Authority for the cadre of Civil Judge (Jr Division)-cum-Judicial Magistrate 1st Class will be the Administrator of the Union Territory of Jammu and Kashmir who will make appointments on the recommendations of the High Court and the Public Service Commission.

The Appointing Authority for the cadre of Civil Judge (Sr Division)-cum-Judicial Magistrate 1st Class/Chief Judicial Magistrate will be the High Court.

The method and manner of recruitment of Civil Judge (Jr Division)-Cum-Judicial Magistrate 1st Class, will be the same as provided under the Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967.

The Civil Judge (Senior Division)-cum-Judicial Magistrate 1st Class/Chief Judicial Magistrate, will be promoted by the High Court on the basis of merit-cum-seniority from amongst Civil Judge (Jr Division)-cum-Judicial Magistrate 1st Class, having minimum experience of five years in the said cadre.

Provided that if no suitable officers with five years of service are available for promotion to the cadre of Civil Judge (Senior Division) cum-Judicial Magistrate 1st Class/Chief Judicial Magistrate, in that case, as per the discretion of the Chief Justice, the officers of lesser experience may be considered.

All appointments to the service by direct recruitment will be on probation for a period of two years while all appointments by promotion will be on officiating basis for a period of two years.

The period of probation or officiation, as the case may be, for reason to be recorded in writing, may be extended by the High Court by such period not exceeding the period of probation or officiation, specified.

At the end of the period of probation or officiation or the extended period of probation or officiation, as the case may be, the High Court will consider the suitability of the persons so appointed or promoted to hold the post to which he has been appointed or promoted; and

As per rules, a probationer who has been declared to have satisfactorily completed his probation and a promotee who has been declared to have satisfactorily completed his period of officiation will be appointed on long term basis as a full time member of the service in the category of post to which he was appointed or, as the case may be, promoted and shall be confirmed as such against the substantive post.

Every member of the service will be given such periodical training, as the High Court may, from time to time, prescribe.

As regards pay scales, the rules specify that the pay scales of Civil Judge (Jr Division) will be J-1(77840-136520); that of Civil Judge (Jr Division) 1st stage of ACP Scale will be J-2(92960-136520); pay scale of Civil Judge (Jr Division) 2nd stage of ACP scale will be J-3 (111000-163030); pay scales of Civil Judge (Sr Division) will be J-3 (111000-163030) that of Civil Judge (Sr Division) 1st stage ACP Scale will be J-4 (122700-180200) and pay scales of Civil Judge (Sr Division) 2nd stage ACP Scale will be J-5(144840-194660).

The scales of pay may be revised by the competent Authority from time to time.

A member of the service will retire from service in the afternoon of the last day of the month in which he attains the age of sixty years.

Rules specify that the High Court will assess and evaluate the record of the members of the service of his or her continued utility before he or she attains the age of 50 years, 55 years and 58 years by following the procedure for compulsory retirement under the Service Rules applicable to him or her and if he or she is not found fit and eligible, he or she will compulsorily retire on his or her attaining the age of 50 years, 55 years and 58 years, as the case may be.

The criteria adopted by the High Court for assessing the continued utility in service in the case of the Jammu and Kashmir Higher Judicial Services, will also be applicable to the members of the service.

In respect of all such matters regarding the service conditions including those relating to reservation in recruitment or promotion and matters relating to conduct and discipline for which no provision or insufficient provision has been made in these rules, the rules, directions or orders for the time being in force and applicable to the Government servants holding corresponding posts in connection with the affairs of the Union Territory of Jammu and Kashmir will regulate the conditions of such service.

These rules will come into force on the date of their publication in the Official Gazette