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1974 Supreme(Ker) 15

V.P.GOPALAN NAMBIYAR, K.BASKARAN
U. K. CHACKO – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. These writ petitions are directed against the termination, or the threatened termination, of the petitioners' services in pursuance of orders of 'temporary' or 'provisional' or 'emergency' appointments as they are generally called under the provisions of R.9(a) of the Kerala State and Subordinate Services Rules (referred to, for short, as 'the Rules'). That the said statutory provision governs the terms and the conditions of these temporary appointees is a matter on which there was neither doubt nor dispute. R.9(a)(i) of the Rules as it stood till its recent amendment dated 22nd December, 1973 reads:

"9 (a) (i) . Where it is necessary in the public interest, owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a service, class or category and there would be undue delay in making such appointment in accordance with these rules and the Special Rules, the appointing authority may appoint a person, otherwise than in accordance with the said Rules, temporarily:

Provided that before a person is appointed under this clause, persons who are admittedly senior to him shall also be appointed, even if they are absent from duty, wheth

















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