I B R SHANKARANARAYANA IN C A NO 174 OF 1965 2 N VISWESHWARAIAH IN C A NO 177 OF 1965 3 N S KALINGAPPA IN C A NO 181 OF 1965 4 R KRISHNASWAMY IN C A NO 188 OF 1965 5 KRISHNA MU Vs. STATE OF MYSORES IN ALL APPEALS

JUDGEMENT

(1.) These appeals, on certificate granted by the High Court of Mysore, raise the question of the constitutional validity of the Mysore Village Offices Abolition Act, 1961 (Act XIV of 1961).

(2.) By virtue of the provisions of the States Reorganisation Act, 1956, a new State known as the State of Mysore was formed comprising the territories of the then existing State of Mysore, certain districts in the then existing State of Bombay and Hyderabad, South Kanara district in the State of Madras except certain parts thereof and the then existing State of Coorg. The legislature of the new State of Mysore enacted the Mysore Village Offices Abolition Act, 1961 (Act XIV of 1961), hereinafter referred to as the Act. It received the assent of the President on July 8, 1961. Sub-section (3) of S. 1 authorised the State Government to fix a date for the commencement of the Act. By notification, dated January 9, 1963, the Government of Mysore notified that the said Act shall come into force with effect from February 1, 1963. Immediately after the Act was assented to by the President, the Governor of Mysore, in exercise of the powers vested in him under proviso to Art. 309 of the Constitution and other powers enabling him in that behalf, framed rules called 'The Mysore General Service (Revenue Subordinate Branch) Village Accountants (Cadre and Recruitment) Rules, 1961, in order to make recruitment to the posts of village accountants. The rules regulated the pay and other conditions of service of the village accountants.

(3.) By a notification issued on January 6, 1963, the Government of Mysore directed the Deputy Commissioner to appoint persons recruited under the rules and relieve the then holders of their offices and if the number of candidates fell short, to continue the existing holders in their post. There was a further direction that other village officers, viz., patels, thoties and talaries whose posts were also abolished under the Act should be continued in their present posts pending consideration by the Government of the question as to whether they should be continued.