B MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Same questions arise tor decision in these Original Petitions and Writ Appeals. So we are disposing of them by a common judgment.

(2.) The bare facts necessary for the disposal of these matters are as follows:

(3.) The Kerala Panchayats (Common Service) Rules, 1977 came into force on 1-4-1977. By that the regular full time employees of the Panchayats other than Executive Officers and those paid from contingencies were constituted into a common service for each district. Prior to these rules, each Panchayat was treated as a separate unit as far as conditions of service of the employees are concerned. As per staff pattern that was prevalent in the Panchayats prior to the coming into force of the ''common service", there was no post of Head Clerk. The Kerala Panchayats (Establishment) Rules, 1967, was in force till 1-4-1977. the day on which the Common Service Rules were brought into force. The said Establishment Rules did not recognise any post of Head Clerk in a Panchayat. While the Kerala Panchayats (Establishment) Rules, 1967, was in force, the State created the post of Head Clerks in certain Panchayats by upgrading one post of Panchayat Assistant. GO (MS) 499/68/DD. dated 6-11-1968 is the first order by which the post of Head Clerk was created in some of the Panchayats. The operative portion of that order reads: