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1988 Supreme(Ker) 437

U.L.BHAT
KUNJUKRISHNAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

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 on 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 Art.14 and 16 of the Constitution and being void under S.23 of the Contract Act.

2. R.17 of the Rules aforesaid reads as follows:

"Notwithstanding anything contained in these rules, the Government may terminate the appointment of any Government Law Officer, other than a Special Government Pleader or Special Public Prosecutor at any time before the expiry of the term of his appointment without assigning any reason therefor. Provided that such termination shall not be effected unless





















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