N MOHAMMED KUTTY Vs. HIGH COURT OF KERALA

JUDGEMENT

(1.) THE case was referred to a Full Bench by a Division Bench of myself and balagangadharan Nair J. as we doubted the correctness of the view taken by mathew J. of this Court (as he then was) in O. P. 1846 of 1968 (Ker) which was confirmed by a Division Bench in W. A. No. 949 of 1969 (Ker ).

(2.) THE petitioner is an allotted Officer from the Madras State governed by the madras Judicial Ministerial Service Rules, and entitled to protection under section 115 of the States Reorganisation Act, viz. , his conditions of service shall not be varied to his prejudice or disadvantage except with the previous approval of the Central Government. He entered service on 1-8-1954 in the malabar area of the Madras State which after reorganisation of States became part of Kerala. Respondents 4 to 7 are also allotted Officers and members of the same service who joined prior to the petitioner. Rule 22 of the Madras Judicial ministerial Services Rules provides;

(3.) THE petitioner's trouble started with Ext. P-3 G. O. dated 14-1-1963 (G. O. (P) No. 22 -- Public (Services-D) Department) which prescribed tests in office procedure and Account Test Lower for the Ministerial Staff of the different officer of the State Government. Paras. 2 (d) and (3) of the G. O. ran thus: