MURALEEDHARAN Vs. GURUVAYOOR DEVASWOM

JUDGEMENT

(1.) THESE writ petitions raise a common question, and are therefore disposed of by a common judgment. The question is whether the guruvayoor Devaswom Employees Regulations, 1983 (hereinafter called "the regulations") can be applied retrospectively in the case of petitioners.

(2.) PETITIONER in OP 2897/86 joined service as a Lower division Clerk and in due course was promoted as an Upper Division Clerk on 15-6-198

(3.) COUNSEL for Guruvayur Devaswom and counsel for 4th respondent in O. P. 2802/86 heard along with these petitions, would submit that the Regulations are not operated retrospectively, and that petitioners are bound to acquire test qualifications during the period of probation. COUNSEL for 4th respondent in O. P. 2802/86 raised a further contention that the regulations came into force sometime in 1981, and that there was no question of retroactivity. According to him the Regulations were made in 1981, though approval was granted only in 1983. COUNSEL would submit that there is difference between approval and assent, and that unless disapproved, approval should be deemed to have been given from the date when the regulations were made. It is not stated, when the Regulations were made. That apart, I do not understand making of Regulations, as synonymous with writing it down. Incidentally, the Guruvayur. Devaswom has no case, that the Regulations came into force on any day prior to 3-12-1983, the date of approval. The specific stand in Para. 10 of the counter affidavit in O. P. 2897/86, is that the regulations came into force on 3-12-1983. I am unable to accept the submission that the Regulations breathed into life, at any time prior to 3-12-1983.