Under the Government of India Act, 1935, the position relating to the Civil Services of the Crown in India is contained in a number of general provisions in Chapter, II of Part X thereof.
Section 240(1) reiterates what was first statutorily declared by section 96B of the 1915 Act, viz., that except as expressly provided by the Act every person who is a member of a civil service of the Crown in India, or holds any civil post under the Crown in India, holds office during His Majesty’s pleasure.
Section 241 provides for the recruitment and conditions of service of such persons and prescribes the various authorities who can make the appointments and frame the rules relating to conditions of service.
Section 242(4), in so far as it is relevant for the present purpose, provides that section 241 in its application to appointments to and to persons serving on the staff attached to a High Court shall have effect as if, in the case of a High Court, for any reference to the Governor in paragraph (b) of section (1), in paragraph (a) of sub-section (2) and in sub-section (5), there was substituted a reference to the Chief Justice of the Court. Making the necessary substitutions as prescribed above, the statutory provisions in the Government of India Act, 1935, relating to recruitment and conditions of service of the staff of the High Court may be read as follows :
“(1) Appointments to the Civil Services and civil posts under the Crown in India in relation to the staff attached to the High Court shall be made by the Chief Justice or such person as he may direct.
(2) The conditions of service of persons service His Majesty in relation to the staff attached to the High Court shall be made by the Chief Justice of the High Court or by some person or persons authorised by him to make the rules for the purpose.
Provided that –
(a) the Governor may in his discretion require that in such cases as he may in his discretion direct no person not already attached to the court shall be appointed to any office connected with the Court save after consultation with the Provincial Public Service Commission;
(b) rules made under sub-section (2) by a Chief Justice shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor”.
Synopsis :
PartX – THE SERVICES OF THE CROWN IN INDIAÂ Â Â Â
Chapter I
Section232 – Pay, etc., of Commander-in-Chief   Â
Section233 – Control of his Majesty as to Defence appointments   Â
Section234 – Eligibility for commissions in Indian forces   Â
Section235 – Control of Secretary of State with respect to conditions of service   Â
Section236 – Saving of rights of appeal   Â
Section237 – Pay, etc., of members of forces to be charged on Federal revenues   Â
Section238 – Provisions as to certain civilian personnel   Â
Section239 – King’s India cadetships   Â
Chapter II
Section240 – Tenure of office of persons employed in civil capacities in India   Â
Section241 – Recruitment and conditions of service   Â
Section242 – Application of preceding section to railway, customs, postal and telegraph services and officials of courts   Â
Section243 – Special provisions as to police   Â
Section244 – Services recruited by Secretary of State   Â
Section245 – Special provision as to irrigation   Â
Section246 – Reserved posts   Â
Section247 – Conditions of service, pensions, etc., of persons recruited by Secretary of State   Â
Section248 – Rights in respect of complaints, appeals, etc.   Â
Section249 – Compensation   Â
Section250 – Application of four last preceding sections to persons appointed by Secretary of State in Council, and certain other persons   Â
Section251 – Staff of High Commissioner and Auditor of Indian Home Accounts   Â
Section252 – Conditions of service of existing staff of High Commissioner and Auditor of India Home Accounts   Â
Section253 – Judges of the Federal Court and High Courts   Â
Section254 – District judges, etc.   Â
Section255 – Subordinate civil judicial service   Â
Section256 – Subordinate criminal magistracy   Â
Section257 – Officers of political department   Â
Section258 – Provision for protection of existing officers of certain Services   Â
Section259 – Provisions as to certain persons serving in or before 1924Â Â Â Â
Section260 – General provisions as to persons retiring before commencement of Part IIIÂ Â Â Â
Section261 – Secretary of State to act with concurrence of his advisers   Â
Section262 – Eligibility for office of persons who are not British subjects   Â
Section263 – Joint services and posts   Â
Chapter III
Section264 – Public Service Commissions   Â
Section265 – Composition and staff of Commissions   Â
Section266 – Functions of Public Service Commissions   Â
Section267 – Power to extend functions of Public Service Commission   Â
Section268 – Expenses of Public Service Commissions   Â
Chapter IV
Section269 – Provisions as to Chaplains   Â
Chapter V
Section270 – Indemnity for past acts   Â
Section271 – Protection of Public servants against prosecution and suits   Â
Section272 – Provisions as to payment of certain pensions from taxation in India   Â
Section273 – Provisions as to family Pension funds   Â
Section274 – Saving for certain Funds Acts   Â
Section275 – Persons not to be disqualified by sex for holding certain offices   Â
Section276 – Transitional Provisions   Â
Section277 – Interpretation
