K K RADHA Vs. DISTRICT MEDICAL OFFICER

JUDGEMENT

(1.) The question arising for consideration in these two appeals relates to the scope of R.9(a)(iii) of Part II of the Kerala State & Subordinate Services Rules, 1958 (hereinafter referred to as the Rules)

(2.) A Division Bench consisting of Justice Cyriac Joseph and Justice K.Thankappan, while considering W.A. No. 211 of 2002, found that conflicting views have been taken by two Division Benches - one consisting of Justice K.G. Balakrishnan (as His Lordship then was) and Justice B.N. Patanaik by judgment dated 3.11.1997 in O.P. No. 12496 of 1997 and the other consisting of Justice K.S. Radhakrishnan and Justice G. Sasidharan in Nandagopalan v. District Collector, Idukki ( 2001 (2) KLT 832 ) and took the view that in view of the apparent conflict of views in regard to the scope of R.9(a)(iii) of the Rules in the said two judgments it is necessary that the appeal is considered by a Full Bench. Hence the two appeals are placed before the Full Bench.

(3.) R.9(a)(iii) of Part II of the Rules reads thus: -