P K K NAIR Vs. STATE

JUDGEMENT

(1.) Petitioner was appointed Additional Government Pleader, Quilon by the State Government on 3-7-1986 for a period of three years from the date of assumption of charge. The order makes it clear that the conditions of service, duties, remuneration etc. of the petitioner will be governed by the rules issued on 25-1-1978 as amended from time to time. He joined duty on 14-7-1986. By Ext. P3 dated 13-9-1988, State Government issued notice to him that his appointment shall stand terminated or the expiry of one month from the date of receipt of the notice. The termination is now challenged. In the process petitioner also contends that R.17 of the Rules aforesaid is unconstitutional being violative of Arts.14 and 16 of the Constitution and being void under S.23 of the Contract Act.

(2.) Rule 17 of the Rules aforesaid reads as follows :

(3.) Learned counsel would contend that the power vested in the Government under R.17 is an arbitrary power contrary to public policy and, therefore, void and unconstitutional. Learned counsel submitted that the office of the Government Pleader or an Additional Government Pleader is an office under the State and for this purpose, relied on the decision of a Division Bench of this court in Mrs. .