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2008 Supreme(Ker) 4

V.GIRI
M. Valasakumari, Office Superintendent – Appellant
Versus
State Of Kerala, Represented by Chief Secretary – Respondent


Advocates Appeared:For the Petitioners:P. Sreekumar, K.S. Manu, P.S. Sidhan, Advocates. For the Respondents:C.P. Sudharkara Prasad, Advocate General, P. Nandakumar, Government Pleader, R3, K.R.B. Kaimal (SR.), B. Unnikrishna Kaimal, Advocates.

Judgment :

Seminal questions, inter alia, involving interpretation of Article 229(2) of the Constitution of India, arise for consideration in these writ petitions. Since the issues are common, they have been heard together and are being disposed of by this common judgment. For the sake of convenience, reference is made to W.P.(C).No.31662/07.

.2. Thepetitioners were/are officers and members of the staff of the High Court of Kerala and are governed by the Kerala High Court Service Rules, 2007 {for short “the Rules, 2007”}. The said Rules have been brought into force by the Hon’ble Chief Justice exercising powers under Article 229(2) of the Constitution of India. The Rules which were earlier in force in Kerala from 1970 were revised and published in the gazette dated 12.2007 and were brought into force with effect from 1.2007. The Rules, in operation prior to the 2007 Rules, were the High Court Service Rules 1970, which were enforced with the approval of the Governor. Rule 35 of the 1970 Rules provided that the various service rules in the State of Kerala, applicable to the Officers and servants and subject to the Rule making control of the Governor or the Government of Kerala, as the



















































































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