P CHANDRASEKHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who was the Chairman of the Devaswom Recruitment Board, has filed this writ petition seeking a declaration that his removal from the post of Chairman of the Kerala Devaswom Recruitment Board (hereinafter referred to as the 'Board' for short) by the enactment of Act 22 of 2016 is illegal and for a direction to the respondents to disburse him all the monetary benefits admissible to him as Chairman of the Board for a total period of 5 years from 16.3.2015.

(2.) The petitioner was an officer in the Indian Police Service. While he was working as Director General of Fire Force, he applied for voluntary retirement from Indian Police Service in anticipation of his appointment as Chairman of the Board. The Board came into force on 1.3.2014. As per Ext.P2 notification dated 13.3.2015, issued under Sections 3(1) and (3) of the Kerala Devaswom Recruitment Board Ordinance, 2015, the Government of Kerala constituted the Board with the petitioner as Chairperson and 4 others as Members. The Ordinance was thereafter replaced by Act 16 of 2015, which came into force from 01.03.2014. Sub Section 3 of Section 3 of the Act 2015 provided as follows:

(3.) Whileso, the Act 2015 was amended by Ext.P3 - Act 22 of 2016, whereby only a person who is or has been a District Judge or qualified to be appointed as District Judge shall be appointed as Chairperson. Section 5 of Act 15 was amended reducing the tenure of the Chairman and members to three years. Apart from that Section 5 of Ext P3 amendment Act 16 of 2016 provided as follows: