N VELAPPAN Vs. V SUDHAKARAN

JUDGEMENT

(1.) THESE Writ Appeals arise out of judgment dated 22.9.2009 in W.P.(C).No.27779/08 of the learned Single Judge of this Court. W.A.No.2515/09 is filed by petitioners 1 to 8 and 10 in W.P.(C). No.27779/08 and W.A.No.2576/09 is filed by the 9th petitioner in that Writ Petition. In this judgment, the parties are referred to as 'petitioners' and 'respondents', as arrayed in the Writ Petition.

(2.) THE petitioners are members of the Kerala High Court Service, who have been appointed substantively to permanent posts borne on the cadre thereof. They entered the High Court Service during the period 1990 -95, as Assistant Grade II, on recruitment by transfer, as defined under Rule 2(j) of the Kerala High Court Service Rules, 1970, which was then in force. At the time of their first appointment to the High Court Service, the petitioners were members of other services, holding substantive posts in various State Government Departments as advised by the Kerala Public Service Commission. They have filed W.P.(C).No.27779/08 seeking a writ of certiorari to quash Exts.P3, P8 and P10 and for other consequential reliefs in order to count their prior Government service, before they joined the Kerala High Court Service, for service weightage and pensionary benefits.

(3.) RECRUITMENT and conditions of service of the members of the Kerala High Court Service are governed by the Kerala High Court Service Rules, 2007, (hereinafter referred to as the High Court Service Rules) made by the Chief Justice of Kerala in exercise of the powers conferred by Article 229 of the Constitution of India, which came into force on 1.1.2007. Prior to these rules, the members of High Court Service were governed by the Kerala High Court Service Rules, 1970.