ROSEMARY VARKEY.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This matter is placed before the Full Bench based on a reference order dtd. 18/9/2023 of a Division Bench of this Court doubting the law laid down by another Division Bench in O.P.(KAT).No.80/2013 and connected case.

(2.) The question that arises for consideration is whether the rules framed under the Probation of Offenders Act, 1958, a Central enactment, will prevail over the Special Rules for the Kerala Social Welfare Subordinate Service framed under the general provisions of the Kerala Public Services Act, 1983 or not. A Division Bench of this Court in Mohanan v. State of Kerala [1989 (1) KLT 161] declared that the rules framed under the special enactment, that is, the Kerala Weights and Measures (Enforcement) Act would prevail over the Kerala Weights and Measures Subordinate Service Rules, 1978 framed under the general provisions of the Kerala Public Services Act, 1968.

(3.) The Division Bench in O.P.(KAT).No.80/2013 and connected case, without adverting to Mohanan's case (supra), took the view that the Kerala Public Services Act, 1983 having obtained the assent of the President under Article 254(2) of the Constitution, the Special Rules for the Kerala Social Welfare State Service will prevail over the rules framed under the Probation of Offenders Act, 1958.