K.V. SAHADEVA KURUP Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This batch of 23 Original Petitions has come up posted before the Full Bench because of the importance of the questions involved in these cases. Common questions arise and hence the petitions have been heard together.

(2.) Some of the petitioners in these cases challenge proviso (3) to R.27(a) and (b) of the Kerala State and Subordinate Services Rules, 1958 (hereinafter referred to as the Rule for the sake of convenience). Some others challenge proviso 2 to R.27(a) and (b) of the rule while some challenge both the provisos. At the hearing challenge was attempted against the 1st proviso too. Though in some of these petitions there is no direct challenge to these provisos it is contended by the petitioners therein that the provisos are of no application to them. Whether the above said provisos are valid and applied to the petitioners is the main question that calls for decision in these cases. To understand the background of this challenge it may be necessary to make a brief historical narration of the circumstances leading upto the challenge.

(3.) When the State of Kerala was formed by the provisions of the States Reorganisation Act, 1956, it consisted of the territories of the erstwhile States of Travancore - Cochin and Malabar which was part of the State of Madras. Proviso to S.115(7) of the States Reorganisation Act guaranteed the continuance of service conditions in the case of the allotted personnel and such service conditions were not to be varied to their disadvantage except with the previous approval of the Central Government. In the State of Travancore - Cochin there was in force G.O. dtd. 7/5/1951, as subsequently clarified, the scope of which had arisen for examination in earlier decisions of this Court. Ext. P-1 in O.P. 5300 of 1975 (the reference hereafter will be to the exhibits in the said Original Petition except where it is otherwise necessary) is the copy of the above Government order dtd. 7/5/1951. Clause.1 to 4 of that order alone may be relevant for our purpose and they read as follows: