Howrah District Court
Handbook
RTI Officers- Howrah District Court
Understanding the District Court
What is a District Court?
- Definition: According to Section 2(4) of the Code of Civil Procedure (CPC), a “District” means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction. A “District Court” is the principal Civil Court.
- Hierarchy: All other civil courts of original jurisdiction, even if presided over by officers of the same rank, are not considered District Courts under this definition.
- The “Judge”: As per Section 2(8) of the CPC, a “Judge” is the presiding officer of any Civil Court, not necessarily the principal one.
Power of Transfer and Withdrawal (Section 24 CPC)
The power to transfer or withdraw cases is held by:
- The High Court.
- The principal Civil Court of original jurisdiction of a district (the District Court).
Section 24(3)(a) clarifies that Courts of Additional and Assistant Judges are considered on par with the District Court for the purposes of this section, even if the word “District” isn’t explicitly in their title.
Principle of Subordination (Section 3 CPC)
- Courts are subordinate to the High Court and the District Court based on their grade, not the personal hierarchy of judges.
- For a District Court to transfer a case under Section 24(1)(a), two conditions must be met:
- The receiving court must be subordinate to the transferring court.
- The receiving court must have the jurisdiction to try and dispose of the case.
Court Administration and Structure
Head of the Department: The Learned District & Sessions Judge.
Clerical Staff:
Sheristadar, Record Keeper, Assistant Record Keeper, Peshkar, Nazir, Translator, Copyist, Touzi Navis, Revenue Clerk.
Stenographer Allocation:
- Civil Judge (Jr. Div.) / Magistrate: One Grade-III Stenographer
- Civil Judge (Sr. Div.) / CJM / CMM: One Grade-II Stenographer
- Principal Dist. & Sessions Judge: One Grade-I Stenographer (Principal City Civil Court Judge gets an Executive Assistant)
Courts and Jurisdictions in Howrah District
- 1. District and Sessions Judge, Howrah
- Practice: Bail applications, Criminal Appeals & Revisions (10:30 AM – 1:50 PM); Civil Appeals & Revisions, Mutual Divorce petitions (2:00 PM – 5:00 PM).
- Additional benches sit at Amta and Uluberia.
- 2. Chief Judicial Magistrate (CJM), Howrah
- Directly accepts Put up, Surrender, and Bail applications. Other applications must go through the Filing Counter by 11:00 AM.
- Additional CJMs sit at Amta and Uluberia.
- Judicial Magistrates: Seven courts.
- Railway Magistrate, Howrah
- Howrah Municipality Magistrate
- 3. Civil Judge (Jr. Div.), Howrah
- Additional courts sit at Amta and Uluberia.
- 4. Civil Judge (Sr. Div.), Howrah
- An additional court sits at Uluberia.
- 5. Fast Track Courts, Howrah: Three courts.
- 6. Court of the Executive Magistrate: Two courts (Appeals lie to the Sessions Judge).
- Filing: Centralised Filing Section under the supervision of the Learned Register.
Types of Cases Handled by Howrah District Court
The court deals with a wide range of cases, including:
- Matrimonial Suits
- Criminal Appeals & Revisions
- Title Appeals & Suits
- M.A.C.C. (Motor Accident Claims)
- Misc. Judicial Cases
- Probate & L.O.A. Suits
- Regular & Anticipatory Bail
- Civil Appeals, Revisions & Executions
- Complaint & Criminal Cases
- Divorce by Mutual Consent
- Police Cases (GR)
- Maintenance Cases
- Insolvency Petitions
- Land Acquisition Cases
- Money Suits & Executions
- NDPS Cases
- S.C.C. Suits & Executions
- Sessions Trials
- Succession Cases
- Trust Suits
- And many more.
Departments and Sections
- English Department (Court secretariat)
- Vernacular Department
- Accounts Section (Civil & Criminal)
- Nazarat Department (Notice service and Execution)
- Record Room
- Copying Department
- Computer Section
Criminal Justice Practice & Prosecution
Office of the Prosecution
- Public Prosecutor (Sessions Court): Conducts grave criminal cases on behalf of the State Government in the Sessions Court. Also handles appeals and revisions against orders of lower courts.
- Assistant Public Prosecutor (Government Cadre): Conducts criminal cases in the Courts of Chief Judicial Magistrate/Judicial Magistrate First Class, including cases filed by Police and other departments (Food, Labour, Excise, Forest, etc.).
- Private Prosecutors: Appear under Section 301(2) read with Section 24 of the Cr.P.C.
- Court Inspector (GR Section): Attached to the CJM Court.
- Filing Timings:
- CJM Court: 10:00 AM – 11:30 AM
- Centralised Filing Counter: 10:00 AM – 3:30 PM (Under the Register)
Juvenile Justice Board, Howrah
- Address: 8 Strak Road, Belur (adjacent to SMM Home, Liluah), Howrah – 711204.
- Phone: 033-2655-0232 | Mobile: 9339745508
- Email: howrahjjb@gmail.com
- Sitting Days: Monday to Saturday.
Laws, Rules, and Acts
Key Acts:
- BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887
- The West Bengal Court-Fees Act, 1970
- The Advocates Act, 1961
- The West Bengal Land Reforms Act, 1955
- Juvenile Justice (Care and Protection of Children) Act, 2015
Important Rules & Orders:
- CPC Amendments:
- Case Flow Management Rules 2006 (Subordinate Courts, West Bengal)
- Subordinate Court Criminal Rules, West Bengal
- Civil Rules and Orders, 2015
- Criminal Rules and Orders, 2015
Service Rules & Regulations:
- West Bengal Service Rules (Part 1), Part 2, Notes, Vol-I
- Treasury Rules (Full)
- West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980
- Annual Confidential Report (Judicial Officer)
- Procedure for Complaint Against a Subordinate Judge
- Sexual Harassment in the Workplace Rules
These service rules regulate the following government cadres:
- (i) Judges and Registrars of the Small Causes Court, Calcutta.
- (ii) Members of the West Bengal Civil Service (Judicial).
- (iii) Other employees of the Small Causes Court, Calcutta, and Civil or Criminal Courts of Judicial and Metropolitan Magistrates.
Recruitment and Staffing
Dress Code for Advocates (Bar Council of India Rules, 1975)
- Advocates (other than ladies):
- Option A: Black buttoned-up coat, chapkan, achkan, black sherwani, with white bands and Advocates’ gown.
- Option B: Black open-breast coat, white shirt, white collar (stiff or soft), with white bands and Advocates’ gown.
- Trousers (white, black striped, or grey) or dhoti.
- Lady Advocates:
- Option A: Black full/half-sleeve jacket or blouse, white collar (stiff or soft), with white bands and Advocates’ gown. OR White blouse with/without collar, white bands, and a black open-breast coat.
- Option B: Sarees or long skirts (white, black, or muted colours) or Punjabi dress (churidar-kurta or salwar-kurta in white or black).
- PROVIDED that the wearing of Advocates’ gowns is optional, except when appearing in the Supreme Court or a High Court.
- PROVIDED FURTHER that in courts other than the Supreme Court, High Court, District Court, Sessions Court, or City Civil Court, a black tie may be worn instead of bands.
Judicial Munshikhana (General Functions)
General Functions under Officer-in-Charge
- Deals with criminal law matters, including cases under the Essential Commodities Act, Arms Act, and violations of Human Rights.
- Engages Assistant Public Prosecutors (through the Public Prosecutor) to defend the State Government in trials, appeals, and revisions.
- Engages State Advocates (through the Legal Remembrancer) to defend the District Magistrate in Writ Petitions before the High Court, Calcutta.
- Vests Executive Magistrates with powers under Sections 133 and 144 of the Cr.P.C. for maintaining law and order.
- Engages Executive Magistrates for the disposal of unclaimed property at Police Station Malkhanas and for inquest matters.
- Issues sanction orders under Section 39 of the Arms Act, 1959 for prosecution.
- Conducts inquiries into matters of Police Firing and Custodial Deaths, sending reports to the NHRC and WBHRC, and facilitating compensation payments.
- Handles Correctional Home (Jail) matters.
- Manages the withdrawal of cases under Section 321 of Cr.P.C.
- Processes payments for professional fees (Public Prosecutor, Paneled APPs) and other charges (post-mortem, diet charges for inmates).
Other Duties
- Registration of Newspapers, Magazines, and Periodicals.
- Release of mortgage deeds under the Low Income Group Housing (LIGH) Scheme.
- Handling public complaints regarding Human Rights violations, conducting inquiries, and disbursing compensation as awarded by NHRC/WBHRC.
Revenue Munshikhana (Section)
General Functions
- Handling all applications received under the Right to Information (RTI) Act, 2005.
- Issuing and renewing licenses for Money Lending cases and for Stamp Vendors.
- Managing all Departmental Proceeding Cases.
- Processing refunds of Non-Judicial Stamp duty and SABR.
- Engaging and managing professional fees for the Learned Government Pleader (G.P.) and Assistant Government Pleaders (A.G.Ps).
- Adjudication of deficit stamp duty.
- Issuing Legal Heir Certificates for Government/Government undertakings.
- Overseeing the possession of property under the SARFAESI Act, 2002.
- Conducting inquiries and preparing reports for Probate cases.
- Matters related to Electricity Duty and Resource Mobilization.
Land & Land Reforms Department
Functions under an ADM-in-Charge
This department, one of the oldest in the state, is headed by the District Land & Land Reforms Officer (with powers of a Collector). Its principal work is implementing key land reform acts, particularly the West Bengal Estates Acquisition Act, 1953, and the West Bengal Land Reforms Act, 1955. The department plays a crucial role in the socio-economic structure of the state’s agrarian society.
The district-level structure has four tiers, extending to the Gram Panchayat level. This office has five sections:
- Establishment & Nazarath: Handles all service-related matters (leave, transfer, posting) for officers and staff, and functions as the D.D.O.
- Serestha: Deals with leases and licenses, collection of land revenue and royalty, reports and returns, land conversion, public grievances, assembly questions, and audit matters.
- Law Cell: Manages various court cases and appeals under the WBLR Act, including matters of land vesting and divesting.
- Drawing Section: Headed by a technical advisor, this section deals with the inking of L.R. maps.
- Computer Section: Manages computerized land records and all related reports and returns.
Contact Information
- District Judge, Howrah: 033-2641-4812 (T)
- CJM โ Chief Judicial Magistrate, Howrah: 033-2641-1154 (L)
- Government Pleader (GP): Sri Madan Mohan Banerjee – 033-2641-4912 (T) / 9830380925
- Public Prosecutor (PP), Howrah: 033-2641-3666 (T)
- Director of Public Prosecution, WB: Judicial Dept, Bhawani Bhawan, 1st Flr, Kolkata โ 27 – 033-2449-8380
- District Legal Services Authority (DLSA): Civil Court Bldg, 4/1 MG Rd, Howrah โ 1 – 033-2641-2355
- District Registrar, Howrah: 033-2641-2992 (T)
- Controller, Thika Tenancy: 033-2641-2990 / 1387 (T)
- Deputy Labour Commissioner (DLC), Howrah: 033-2637-5136 (T)
- Supdt, Liluah SMM Home: 033-2655-8872 (T)
- Asst Controller of Legal Metrology: 033-2641-3346 (T)
- Railway Magistrate: Howrah Station, RMS Rd, Howrah Railway Station, Howrah, West Bengal 711101
The office maintains numerous registers in terms of the Bengal Manual, amongst them are :
Register Maintenance
The following registers are to be maintained:
| Register | Number | Description |
|---|---|---|
| Land Register | ||
| Mutation Register | IX | |
| L.T. & S.T. Register | X | |
| Settlement Register | XII | |
| Misc. Case Register | XIII | |
| Inspection Register | 26 | |
| D.C.R. and R. R. Book | 94 | |
| C.R./C.O. Register | ||
| Stock Register | ||
| Court Fee Register | ||
| Leave Register | ||
| Staff Register | ||
| Attendance Register | ||
| File Index Register |
Prompt Disposal of Execution Cases
Every presiding Judge shall ensure that execution cases are not neglected or needlessly prolonged and must be disposed of within SIX MONTHS, and are disposed of with the same care and regularity as original suits. Sufficient time should be allotted for the execution of all processes, warrants, and orders. These shall be drawn up in the execution department in strict rotation, except in special cases where a written order from the presiding Judge directs otherwise. Processes and orders directed to be given dasti (directly) to a party or counsel shall be promptly prepared and issued the same day in Court through the Reader.
The Judge shall oversee that his orders are duly carried out. Frequent or habitual carelessness, unpunctuality, or procrastination in the execution department should be met with appropriate disciplinary action. An order staying execution shall be complied with promptly. If execution has already taken place, there shall be no restitution in pursuance of the stay order.
Recruitment
Group-C Staff
Recruitment for Group-C staff in the various District Judgeships involves the District Recruitment Committee and the Recruitment Committee for City Civil Courts. A Recruitment Cell is to be established in each District Court and City Civil Court. The Recruitment Cell is responsible for framing guidelines for the Recruitment Committee, which includes processing and short-listing applications received for a post. Such recruitment should ideally take place every year, well in advance of any vacancies arising.
The governing rules for this process are the West Bengal Services (Appointment, Probation and Absorption of Group-C Employees) Rules, 2013, effective from 1st March 2013.
Group-D Staff
Howrah District Court Exam Patterns
1. English Stenographer
| S.No | Exam | Paper | Subject | Marks | Duration |
|---|---|---|---|---|---|
| 1 | Written Test | Paper-I | Dictation & Transcription | 200 | 1 Hour |
| Paper-II | General English | 100 | 1 Hour 30 Minutes | ||
| Paper-III | Typing Test | 100 | 10 Minutes |
2. Lower Division Clerk (LDC)
| S.No | Exam | Part | Subject | Marks | Duration |
|---|---|---|---|---|---|
| 1 | Written Test | Part-I | Mathematical Skills, English, General Awareness, Computers | 100 | 1 Hour 30 Minutes |
| Part II | English | 50 | 1 Hour |
3. Process Server, Peon, Day Guard, Night Guard & Farash
| S.No | Exam | Part | Subject | Marks | Duration |
|---|---|---|---|---|---|
| 1 | Written Test | Part-I | General knowledge, Mathematics, Computer, English | 70 | 2 Hour 30 Minutes |
| Part II | Subjective English | 30 |
4. Sweeper
| S.No | Exam | Paper | Subject | Marks | Duration |
|---|---|---|---|---|---|
| 1 | Written Test | Paper I | General Awareness, Mathematics, English | 70 | 45 Minutes |
Howrah District Court LDC Syllabus 2018
- General English: Spelling, Correct word usage, Sentence correctness, Common phrases, Synonyms, Antonyms, Punctuation, etc.
- Mathematics: Percentages, Problems on Ages, Averages, Time & Work, Simplification, Pipes & Cisterns, Profit and Loss, Interest, Boats & Streams, Time & Distance, Data Interpretation, etc.
- General Knowledge:
- Current Events โ National & International
- Culture & Heritage โ India
- Geography โ India
- General Polity
โ History โ India - Science & Technology
- Economy โ India
- Environmental Studies
Government Connection
Govt of West Bengal, Home Department – Law Cell
The Law Cell handles the following matters:
- All court matters, including legal opinions, engagement of State Advocates, and preparation of Statements of Fact.
- Matters relating to the Advocate General, Legal Remembrance, Government Pleader, Public Prosecutor, and the Secretaries of the Law and Judicial Departments.
- Police firing cases and Magisterial Enquiries.
- Departmental Proceedings and Appeal matters.
Directorate of Correctional Services
The office of the Director-General & Inspector General of Correctional Services, West Bengal, is located at:
Directorate of Correctional Services, WB, Jessop Building, 63, N. S. Road, Kolkata-700001.
Criminal Justice Practice
Office of the Prosecution
- Public Prosecutors (Session Court): Conducts grave criminal cases on behalf of the Government of West Bengal in the Sessions Court, which are exclusively triable by that court. They also handle appeals and revisions against orders of lower courts. Currently, five advocates are appointed on a case-wise fee basis.
- Assistant Public Prosecutor (Government Cadre): The main function is to conduct criminal cases in the Court of the Chief Judicial Magistrate/Judicial Magistrate First Class. This includes cases filed by the Police and other departments such as Food and Drugs, Labour, Excise, Forest, and Town and Country Planning.
- Private Prosecutors: Appear under Section 301(2) read with Section 24 of the Cr.P.C.
- Court Inspector (GR Section): Attached to the CJM Court.
- Court Inspector Railway: Attached to the CJM Court.
- Filing Counter [CJM Court]: 10:00 AM – 11:30 AM
- Centralised Filing Counter: 10:00 AM – 3:30 PM (Under the Register)
Important Contact Numbers
- District Judge, Howrah: 033-2641-4812 (T)
- CJM โ Chief Judicial Magistrate, Howrah: 033-2641-1154 (L)
- Government Pleader (GP): Sri Madan Mohan Banerjee – 033-2641-4912 (T) / 9830380925
- Public Prosecutor (PP), Howrah: 033-2641-3666 (T)
- Director Public Prosecution, WB: Judicial Dept, Bhawani Bhawan, 1st Flr, Kol โ 27 – 033-2449-8380
- District Legal Services Authority (DLSA): Civil Court Bldg, 4/1 MG Rd, Howrah โ 1 – 033-2641-2355
- District Registrar, Howrah: 033-2641-2992 (T)
- Controller, Thika Tenancy: 033-2641-2990 / 1387 (T)
- Dy Labour Commissioner (DLC), Howrah: 033-2637-5136 (T)
- Supdt, Liluah SMM Home: 033-2655-8872 (T)
- Asst Controller of Legal Metrology: 033-2641-3346 (T)
- Railway Magistrate: Howrah Station, RMS Rd, Howrah Railway Station, Howrah, West Bengal 711101
Court Fees (เฆเงเฆฐเงเฆ เฆซเฆฟ) – Ad Valorem vs. Fixed
| 1 | Money Suit (เงง เฆเฆพเฆเฆพ เฆฎเฆพเฆฎเฆฒเฆพ) | Ad Valorem |
| 2 | Compensation Suit (เฆเงเฆทเฆคเฆฟเฆชเงเฆฐเฆฃ เฆธเฆเฆเงเฆฐเฆพเฆจเงเฆค เฆฎเฆพเฆฎเฆฒเฆพ) | Ad Valorem |
| 3 | Immovable Property (with market value) | Ad Valorem |
| 4 | Immovable Property (without market value) | Ad Valorem |
| 5 | Possession Suit (S. 5, Specific Relief Act) | Ad Valorem |
| 6 | Injunction Suit (เฆจเฆฟเฆทเงเฆงเฆพเฆเงเฆเฆพเฆฐ เฆฎเฆพเฆฎเฆฒเฆพ) | Ad Valorem |
| 7 | Pre-emption under Muslim Law (เฆ เฆเงเฆฐเฆเงเฆฐเฆฏเฆผ) | Ad Valorem |
| 8 | Cancellation of Deed (เฆฆเฆฒเฆฟเฆฒ เฆฐเฆฆ) | Ad Valorem |
| 9 | Rectification of Deed (เฆฆเฆฒเฆฟเฆฒ เฆธเฆเฆถเงเฆงเฆจ) | Ad Valorem |
| 10 | Contract-related Suit (เฆเงเฆเงเฆคเฆฟ เฆธเฆเฆเงเฆฐเฆพเฆจเงเฆค) | Ad Valorem |
| 11 | Declaration with Consequential Relief | Ad Valorem |
| 12 | Specific Performance of Contract | Ad Valorem |
| 13 | Easement Rights (เฆเฆเฆฎเงเฆจเงเฆ เฆ เฆงเฆฟเฆเฆพเฆฐ) | Ad Valorem |
| 14 | Redemption of Mortgage (เฆฌเฆจเงเฆงเฆ เฆเฆพเฆฒเฆพเฆธ) | Ad Valorem |
| 15 | Foreclosure Suit (เฆซเงเฆฐเฆเงเฆฒเงเฆธเฆพเฆฐ) | Ad Valorem |
| 16 | Partition & Separate Possession (เฆฌเฆพเฆเงเฆฏเฆผเฆพเฆฐเฆพ) | Ad Valorem |
| 17 | Possession of Land, Building, Garden | Ad Valorem |
| 18 | Possession Suit (S. 6, Specific Relief Act) | Ad Valorem |
| 19 | Rent Suit (เฆญเฆพเฆกเฆผเฆพ เฆฎเฆพเฆฎเฆฒเฆพ) | Ad Valorem |
| 20 | Suit to set aside a decree (เฆกเฆฟเฆเงเฆฐเง เฆฐเฆฆ) | Ad Valorem |
| 21 | Declaration & Injunction (combined) | Ad Valorem |
| 22 | Suit to set aside attachment (เฆเงเฆฐเงเฆ เฆฐเฆฆ) | Ad Valorem |
| 23 | Declaratory Suit (when out of possession) | Ad Valorem |
| 24 | Declaratory Suit (when in possession) | Fixed |
| 25 | Maintenance (เฆญเฆฐเฆฃเฆชเงเฆทเฆฃ) | Fixed |
| 26 | Restitution of Conjugal Rights | Fixed |
| 27 | Divorce (เฆฌเฆฟเฆฌเฆพเฆน เฆฌเฆฟเฆเงเฆเงเฆฆ) | Fixed |
| 28 | Guardianship (เฆ เฆญเฆฟเฆญเฆพเฆฌเฆเฆคเงเฆฌ) | Fixed |
| 29 | General Declaration (เฆธเฆพเฆงเฆพเฆฐเฆจ เฆเงเฆทเฆฃเฆพ) | Fixed |
| 30 | Pre-emption Suit (เฆ เฆเงเฆฐเฆเงเฆฐเฆฏเฆผ) | Fixed |
| 31 | Appeals & Revisions (เฆเฆชเฆฟเฆฒ เฆ เฆฐเฆฟเฆญเฆฟเฆถเฆจ) | Fixed |
| 32 | Vakalatnama / Petition / Application | Fixed |
MEMO OF APPEARANCE (File if you are instructed over the telephone to appear)
IN THE COURT OF THE LD………………………… AT ………..
Case No…………..
Case Title: vs
Appearance on behalf of :
Contact no of Client:
Name of the Advocate:
Address & Registration No:
Contact No:
SIGNATURE
NB: Due to an emergency, the abovenamed Client could not able to sign a formal Vakalat but was instructed to appear on his/her behalf. Vakalat Shall be filed by the next hearing.
Bar Council Of India Rules
Minimum Fee: An advocate must not accept a fee lower than the amount prescribed by the rules as taxable costs, provided the client has the means to pay it.
Prior Consent for Appearance: An advocate must not appear in a case where another advocate has already filed a Vakalatnama (appearance memo) for a party, without obtaining the prior advocate’s consent. If this consent is withheld, the advocate must seek the Court’s permission to appear, explaining in an application the reasons why such consent could not be secured.
Supreme Court Order Regarding Fast Track Court
Service benefits for the Judges of Fast Track Courts [Supreme Court Directions]
Guidelines for Filing Complaints Against Subordinate Judiciary in India โ Official Notice (2014)
Bail applications are normally disposed of normally within one week
Jurisdiction– as defined in the Longman Dictionary of Contemporary English means “The power held by an official or an official body, especially a court of law – the right to use such power.”
Special Judge: the special Judge shall be deemed to be a court of Sessions and the person conducting a prosecution before a special court shall he deemed to be a public prosecutor. This provision clearly indicates that inspite of the exercise of power u/s 167 Cr. P.C., the special Judge, is a court of Sessions and therefore not a Magistrate.
Cadre strength of District and Sessions Judge: Apex Court in D. Ganesh Rao Patnaik and others v. State of Jharkhand and others (2005 (8) SCC 454), the petitioners would contend that, the cadre strength of District and Sessions Judge means the entire cadre of the District and Sessions Judge, including temporary posts and in such circumstances, there is no justification to deprive the direct recruits of their share in the temporary posts in that cadre. But, the judgment of the Apex Court in D. Ganesh Rao Patnaik’s case (supra) was in the context of Rule 2(a) of the Bihar Superior Judicial Service Rules, 1946, where ‘cadre’ means the entire cadre of the Bihar Superior Judicial Service and, therefore, there is no warrant for excluding the temporary posts. Paragraph 10 of the judgment reads thus;
“10. Before dealing with the main issue raised in the appeal, namely, the inter se seniority of direct recruits and the promotees, the first and foremost question which requires consideration is whether for calculating the one third quota of direct recruits as provided in Rule 6, the temporary posts of Additional District and Sessions Judges have to be included or not. R.6 only says that of the posts in the cadre of the Service, two thirds shall be filled by promotion and one third by direct recruitment. Cadre is defined in sub-rule (a) of Rule 2 and it means the cadre of the Bihar Superior Judicial Service. It is important to note here that the definition of “cadre”, as given in the aforesaid rule does not say that the temporary posts have not to be taken into consideration or have to be excluded nor there is any indication to that effect. “Cadre” means the entire cadre of the Bihar Superior Judicial Service and, therefore, there is no warrant for excluding the temporary posts.”
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