V. Balakrishna Eradi, J.

1. The main question that falls to be decided in these writ petitions concerns the interpretation and scope of R.39 of the Kerala State and Subordinate Services Rules, 1958 and also S.2 and 3 of the Kerala Public Services Act, 1968. The petitioners have challenged the validity of certain orders passed by the State Government in purported exercise of the power conferred by R.39 aforementioned. One of the important points raised by them is that the only authority empowered by the said Rule to exercise the power conferred by it is the Governor of the State and since the orders impugned in the writ petitions were passed only by the State Government without even submitting the files to the Governor those proceedings are illegal and without jurisdiction.

2. After the commencement of the hearing of these cases the Government of Kerala in exercise of the powers conferred by sub-s.(1) of S.2 of the Kerala Public Services Act,1968 read with S.3 thereof issued an amendment to the Kerala State and Subordinate Services Rules whereby a new provision was substituted in the place of the original R.39. This amendment was made as per notification SRO. No. 379/72 dated