N SUBBA RAO Vs. DEPUTY COMMISSIONER CHITRADURGA

JUDGEMENT

(1.) The petitioners in these cases were Shanbhoges or village accountants originally working as hereditary village officers under the Mysore Village Offices Act of 1908 and who continued in office by virtue of the provisions of sub-sec. (2) of S.16 of the Mysore Land Revenue Act, 1964.

(2.) Under the provisions of sub-sec. (1) of the said Sec.16, village accountants are to be appointed by the Deputy Commissioner. The continuance of old village accountants who came in on the hereditary principle by the special provision made in sub-sec. (2) was a temporary provision for the interregnum between the abolition of the hereditary offices and the substitution thereof by offices filled by persons recruited according to rules within the framework of the Constitution.

(3.) The old Act of 1.908 together with the various other Acts applying the hereditary principle and enforced in other integrated areas, was repealed by the Mysore Village Offices Abolition Act, 1961. There were also promulgated in the year 1961 a set of rules called the Mysore General Services (Revenue Subordinate Branch) Village Accountants (Cadre and Recruitment) Rules, 1961. Pursuant to those rules certain recruitments were made and the recruits given training as required by one of the rules. The Abolition Act also substituted a new section for the pre-existing 14th section of the Mysore Land Revenue Code, 1884. That new section read as follows: