RULE

BALUCHISTAN ADDITIONAL DISTRICT AND SESSIONS JUDGES AND DISTRICT AND SESSIONS JUDGES SERVICE RULES, 1980 BALUCHISTAN ADDITIONAL DISTRICT AND SESSIONS JUDGES AND DISTRICT AND SESSIONS JUDGES SERVICE RULES, 1980 [Gazette of Baluchistan, Extraordinary, 6th April, 1980] No. SOR (2) 62/S&GAD‑79.‑In exercise of the powers conferred by section 25 of the Baluchistan Civil Servants Act, 1974 (Baluchistan Act IX of 1974) the Government of Baluchistan is pleased to make the following rules for appointment of Additional District and Sessions Judges and District and Sessions Judges, namely :‑ 1. Short title and commencement.‑‑(I) These rules may be called the Baluchistan Additional District and Sessions Judges and District and Sessions Judges Service Rules, 1980. (2) They shall come into force at once. 2. Definitions.‑In these rules, unless the context otherwise, the follow ing shall have the meaning hereby respectively assigned to them that is to say .‑------ (a) "Commission" means the Baluchistan Public Service Commission. (b) "Chief Justice" means the Chief Justice of the High Court of Baluchistan. (c) "Government" means the Government of Baluchistan. (d) "High Court" means the High Court of Baluchistan. (e) "Recognised University" means any University incorporate by law in Pakistan or any other University declared by Government in consultation with the Commission to be recognised University for the purpose of these Rules. . 3. Constitution of the service.‑The service shall comprise the posts of District and Sessions Judges and Additional District and Sessions Judges. 4. Appointing authority.‑Appointment to the service shall be made by the Government. 5. Method of recruitment.‑(I) Appointment to the posts of Additional District and Sessions Judges shall be made‑ (a) by initial recruitment against two‑third of the posts on the recommendation of the Commission with association of the Chief Justice (b) in case of ad hoc appointment, the Chief Justice shall advertise the posts and invite applications and after selecting suitable candidates, shall recommend to the Government the names of the candidates, to be appointed on ad hoc basis. (2) (a) Appointments to the posts of District and Sessions Judges and the remaining one‑third posts of Additional District and Sessions Judges shall be made by promotion, of the recommendation of the Chief Justice of the High Court, from amongst the Senior Additional District and Sessions Judges and the Senior Civil Judges respectively. (b) Appointment against the posts of District and Sessions Judges may also be made by transfer from the Officers belonging to all Pakistan Unified grades on the recommendation of the Chief Justice. 6. Age.‑No person shall be appointed to the post of Additional District and Sessions Judges by initial recruitment, if he is below 30 years or above 45 years of age. 7. Qualification and experience.‑In case of appointment of Additional District and Sessions Judges through initial recruitment a person should be law Graduate from a recognised University and should have at least 5 years practice as an Advocate. In case of promotion to the post of Additional District and Sessions Judge a person should at least have a minimum service of 5 years as Civil Judge. In case of promotion to the post of District and Sessions Judge a person should have at least twelve years service as Civil Judge and Additional District and Sessions Judge combined. 8. Probation.‑(1) A person appointed to the post against a substantive vacancy shall remain on probation for a period of two years, if appointed by initial recruitment, and for a period of one year, if appointed otherwise. Explanation.‑Officiating service and service spent on deputation to a corresponding or a higher post may be allowed to count towards the period of probation. (2) If the work or conduct of a member of the service during the period of probation has, in the opinion of the appointing authority, not been satisfactory, the appointing authority may, notwithstanding that the period of probation has not expired, dispense with his services, if he has been appointed by initial recruitment, and if he has been appointed otherwise, revert him to his former post, or if there be no such post, dispense with his services. (3) On completion of the period of probation by a member of the service, the appointing authority may, subject to the provisions of sub‑rule (4), confirm him in his appointment, or if his work or conduct has, in the opinion of the appointing authority, not been satisfactory‑----- (a) In case he has been appointed by initial recruitment, dispense with his services ; or (b) In case he has been appointed otherwise, revert him to his former post, and if there be no such post dispense with his services ; or (c) extend the period of probation by a period not exceeding two years in all and during or on the expiry of such period pass such orders as it could have passed during or on the expiry of the initial probationary period. Explanation I.‑If no orders have been made by the day following the I completion of the initial probationary period, the period of probation shall be deemed to have been extended. Explanation II.‑If no orders have been made by the day on which the maximum period of probation expires, the probationer shall be deemed to have been confirmed in his appointment from 'the date on which the period of probation was last extended or may be deemed to have been so extended. 9. Seniority.‑The seniority inter se of the incumbents in the various grades thereof shall be determined----- (a) In the case of persons appointed by initial recruitment, in accordance with the order of merit assigned by the Commission provided that persons selected for the service in an earlier selection shall rank senior to the persons selected in a later selection ; and (b) In the case of persons appointed otherwise, with reference to the dates of their continuous appointment therein provided that if the date of continuous appointment in respect of two or more officers is the same the older officer, if not junior to the younger officer or officers in the next below grade, shall rank senior to the younger officer or officers. Explanation I.‑If a junior officer in a lower grade is promoted to a higher grade temporarily in the public interest even though continuing later permanently in the higher grade, 'it would not adversely effect the interest of a senior in the fixation of his seniority in the higher grade. Explanation II---‑If a junior officer is a lower grade is promoted to a higher grade by superseding a senior officer and subsequently that officer is also promoted, the officer promoted first shall rank senior to the officer pro moted subsequently. 10. General Rules.‑In all matters not expressly provided for in these rules, incumbents of the posts shall be governed by such rules as have been or may hereafter be prescribed by Government and made applicable to them. 11. Relaxation.‑Any of these rules may, for reasons to be recorded in writing, be relaxed in the individual cases if Government is satisfied that a strict application of the rule would cause undue hardship to the individual concerned; Provided that wherever such relaxation involved a question on which consultation with the Commission is mandatory, the Commission shall be consulted before the relaxation is made.