IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR &

THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 1ST DAY OF DECEMBER 2016/10TH AGRAHAYANA, 1938 WA. NO.2264/2016 () IN WP(C).21469/2016 ---------------------

(FROM THE JUDGMENT DATED 26-09-2016 IN WP(C) NO.21469/2016.)

APPELLANT(S)/RESPONDENTS 1 & 2 IN WPC: --------------------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME (C) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE STATE OF KEALA, REPRESENTED BY THE SECRETARY, LAW (INSPECTION)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

BY ADVOCATE GENERAL RESPONDENT(S)/PETITIONERS: --------------------------

1. SAJU GEORGE, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I, (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), MANJERI, MALAPPURAM-676121.

2. SHIBU GEORGE, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I, (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), KOZHIKODE-1.

3. M.J.JOHNSON, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), KANNUR-1.

4. PIOUS MATHEW, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), THRISSUR-1.

..2/-

WA. NO.2264/2016

5. N.GOPALAKRISHNAN, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), KOTTAYAM-1.

6. SANTHOSH T.A., SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I, (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), IDUKKI-1.

7. LATHA JAYARAJ, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I, (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), PALAKKAD-1.

8. JOSEPH ZAKHARIAS, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I, (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), PALAKKAD-673121.

9. SHAJAHAN RAWTHER, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), ALAPPUZHA-1.

10. P.A.HANSALAH MOHAMMED, SPECIAL PUBLIC PROSECUTOR, ADDITIONAL DISTRICT & SESSIONS COURT-I, (SPECIAL COURT FOR THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT), PATHANAMTHITTA-1.

BY ADV.SRI.M.V.BOSE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAN M. SHANTANAGOUDAR, C.J. &

SATHISH NINAN, J = = = = = = = = = = = = = = = = = =

W.A. No.2264 of 2016 = = = = = = = = = = = = = = = = = = Dated this the 1^st day of December, 2016

JUDGMENT

Mohan M. Shantanagoudar, C.J.

The judgment dated 26.09.2016 passed in W.P(C) No.21469 of 2016 is called in question by the State in this appeal.

2. Records reveal that the respondents, writ petitioners, were appointed as Additional Government Pleaders and Additional Public Prosecutors in various districts of Kerala State in accordance with the provisions of Section 24 of the Code of Criminal Procedure read with Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 (hereinafter referred to as, the 'Rules'). The said appointments were initially for a period of three years from the date of assuming charge. However, their term was further extended for another period of three years from 2014 onwards. While working as Additional Government Pleaders and Additional Public Prosecutors, Exhibit P2 notification dated 05.11.2015 was published in the Official Gazette appointing them as Special Additional Public Prosecutors in all Additional District and Sessions Courts in the State, except Additional District and Sessions Court, Ernakulam where Special Public Prosecutor was already appointed, for conducting the cases under the Protection of Children From Se