E RAGHAVA WARRIER Vs. STATE OF T C

JUDGEMENT

(1.) The petitioner is a professor in the Government College at Chittur. According to him the promotion of the 2nd respondent as a first grade professor of languages and the ranking of the petitioner as the 9th among the second grade professors constitute a violation of the Service Regulations and Standing Orders of the Government of Cochin. His contention is that he is senior to the 2nd respondent and the eight second grade professors ranked above him and that the Governments decision in that behalf violates the provisions of the said Regulations and Standing Orders. Of the eight persons ranked above the petitioner, three have retired and respondents 5 to 8 are the five who still remain in service.

(2.) The first question for determination is whether a violation of the Service Regulations and Standing Orders, even if proved, is amenable to correction by this court under Art.226 of the Constitution. The answer will depend on whether they can be considered as an existing law as defined in Art.366 of the Constitution or law in force as defined in Art.372 of the Constitution or existing law of Cochin as defined in S.2 of the Travancore - Cochin Administration and Application of Laws Act, 1125.

(3.) In Edward Mills Co. v. State of Ajmer AIR 1955 SC 25 the Supreme Court said that an order must be a legislative and not an executive order before it o an come within the definition of law and in Krishnadas v. State of T.C. ILR 1955 TC 404 this court said that it is impossible to consider executive orders passed in the exercise of the executive functions of the Cochin State as an existing law as defined in Art.366 of the Constitution or law in force as defined in Art.372 of the Constitution or existing law of Cochin as defined in S.2 of the Travancore - Cochin Administration and Application of Laws Act, 1125".