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2022 Supreme(Ker) 1128

S. MANIKUMAR, SHAJI P. CHALY
Anti-Corruption Peoples Movement – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Rajendran Nair, M.R. Hariraj, Thanuja Roshan, Ganga A. Sankar, Chackochen Vithayathil, Gisha G. Raj, Rejivue, Vishnu Rajagopal, K. Rajan, Shaijan Joseph, Viswajith C.K.
For the Respondents: P.C. Sasidharan, B.G. Harindranath, V. Manu, Gopalakrishna Kurup, Antony Mukkath.

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 suita

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