JUDGMENT :

SHAJI P. CHALY, J.

1. The captioned Public Interest writ petitions are materially connected, challenging the constitutional validity of the appointment of personal staff to the office of the Chief Minister, Ministers, leader of the opposition, and the Chief Whip by the Special Rules dated 03.03.1959 amended from time to time. Therefore, we heard them together and proposed to pass this common judgment.

2. In W.P. (C) No. 9420 of 2021, petitioners seek a declaration that entry 9 under ‘State Service’ and entry 10 under ‘Subordinate service’ in the Annexure to the Kerala public Service Commission (Consultation) Regulations, 1957 (hereinafter called Regulations, 1957’), is ultraviresthe constitution; issue a direction to the State of Kerala represented by the Secretary, Department of Public Administration and the Kerala Public Service Commission, respondent Nos. 1 and 2, that all appointments made to the category of personal staff of Ministers/Leader of Opposition/Government Chief Whip ought to be made in consultation with the Kerala Public Service Commission on the suitability of the candidates to be so appointed; that Exhibit P2 rules to the extent it permits selection for appointment to the personal staff of Minister, Leader of Opposition and Government Chief Whip without following a transparent and fair procedure of notification of vacancies and opportunity to all qualified persons to apply and be considered for appointment is ultravires and violative of Articles 14 and 16 of the Constitution of India and hence, void; for a direction to the respondents not to make any appointment under Exhibit P2 without a fair and transparent selection procedure; that the selections and appointments under Exhibit P2 ought to be made with proper notification and selection process giving equal opportunity to all qualified and to issue a writ of mandamus directing respondent 1 and 2 to make selection and appointment to the category of personal staff of Ministers, Leader of Opposition and Government Chief Whip only based on a fair, independent and transparent recruitment procedure giving full and equal opportunity to all qualified for appointment to such posts; that the power under the proviso to Rule 4 of Exhibit P2 Special Rules to exempt from qualification is arrived at in a proper manner; to issue a writ of mandamus directing respondents 1 and 2 not to make any appointment under the proviso to Rule 4, except in cases where such satisfaction is recorded in accordance with law and also that such selection and appointment under the proviso to Rule 4 of Exhibit P2 Special Rules be made only in accordance with a proper and transparent selection procedure; to quash the appointment made to the personal staff of the Chief Minister and the Ministers as violative of Articles 14 and 16 of the Constitution of India, since the same was done without following proper procedure; and also for a declaration that Rule 9 of the Special Rules as amended with effect from 23.09.1994 dealing with the payment of pension to the persons directly recruited to the personal staff of the Ministers, Leader of Opposition and the Government Chief Whip having a minimum service of three years, with a rider that the qualifying service for maximum pension shall be 30 years.

3. W.P. (C) No. 10400 of 2021 is filed seeking a direction to the State of Kerala to delete/exclude entry 9 under the head ‘State Service’ and entry 10 under the ‘Subordinate Service’ in the Annexure to the Regulations, 1957 dealing with the members of the personal staff of the Ministers; to declare that the said entries are ultra vires, for a further writ of mandamus and direction to the State of Kerala to make selection and appointment to the category of personal staff of Ministers/Leader of Opposition/Government Chief Whip based on a fair, independent and transparent recruitment procedure givin