LAWS(KER)-1983-12-31

C.P. KARTHIYANI Vs. BLOCK DEVELOPMENT OFFICER

Decided On December 08, 1983
C.P. Karthiyani Appellant
V/S
BLOCK DEVELOPMENT OFFICER Respondents

JUDGEMENT

(1.) The judgment of the Court was delivered by Bhaskaran, Ag. C. J. - Writ Appeal Nos. 201 and 409 of 1983 are respectively against the dismissal of O. P. Nos. 1313 and 1119 of 1983 by our learned brother M. P. Menon, J. Those writ petitions were filed by the appellants/petitioners to challenge the validity/enforceability of the Kerala Public Services (Amendment) Ordinance, 1983 (No. 5 of 1983) issued on 8/2/1983. In the writ Appeals the challenge is made against the Kerala Public Services (Amendment) Ordinance, 1983 (No. 36 of 1983) promulgated on 7/10/1983 in as much as Ordinance No. 5 of 1983 which was under challenge in the writ petitions, so also Ordinance No. 16 of 1983 promulgated on 7/3/1983, during the pendency of the writ petitions had lapsed by virtue of the provisions contained in Art.213(2) of the Constitution of India, and in their place the present Ordinance No. 36 of 1983 has been promulgated on 7/10/1983. In O. P. Nos. 4137, 4557, 5252, 5560 and 7335 of 1983 the same relief is sought by the respective petitioners. The writ Appeals and the writ petitions referred to above were all heard together and are being disposed of by this common judgment.

(2.) The Writ Appeals and the Writ Petitions are treated as proceedings challenging Ordinance No. 36 of 1983, hereinafter referred to as the Ordinance, as the other two Ordinances have already lapsed and are not in force.

(3.) R.9 of the Kerala State and Subordinate Services Rules, 1958, for short the general rules, as it now stands, so far as it is material for our present purpose, reads as follows: -