Disposed
K.v.Anil, v. State of Kerala
Kerala HCWP(C)/5211/2022
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944
WP(C) NO. 5211 OF 2022
PETITIONER:
K.V.ANIL,
AGED 53 YEARS, S/O.KRISHNAN NAMBOOTHIRI,
RESIDING AT CHERUKATTU MADOM, PERUMKULAM P.O.,
KOTTARAKKARA, KOLLAM DISTRICT-691 566.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
NISHA GEORGE
A.L.NAVANEETH KRISHNAN
RESPONDENTS:
1STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF LOCAL SELF GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
*2 STATE OF KERALA (DELETED) REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (P & ARD), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.*3 THE STATE OF KERALA (DELETED) REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.*RESPONDENT NOS. 2 AND 3 ARE DELETED FROM THE ARRAY OF
PARTIES AS PER ORDER DATED 11/03/2022 IN WP(C).
SMT. K.R. DEEPA, SPL. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.5211 of 2022
2
JUDGMENT
Dated this the 2nd day of November, 2022
S.Manikumar, C.J.
Instant writ petition is filed seeking for the following
reliefs:
“In the additional counter affidavit filed on behalf of the Additional Chief Secretary of Local Self Government Department, Thiruvananthapuram dated
W.P.(C)No.5211 of 2022
3
14.10.2022, contention has been made that integrating the services, Kerala Local Self Government Common Service Act, 2022 was promulgated by the Governor of Kerala on 31.3.2022, which later on became Kerala Local Self Government Common Service Act, 2022, by which all the provisions contained in the Ordinance are incorporated and validated anything done or any action taken after the cessation of the operation of the said Ordinance.
Post after 10 days.”
for the Local Self Government Department State Service Rules, 2022 as per G.O.(P)No.74/2022/LSGD dated 27.10.2022 and Special Rules for the Local Self Government Department Subordinate Service Rules, 2022 as per G.O.(P) No.75/2022/LSGD dated 27.10.2022 have been approved and published in the Kerala Gazette by the Government.
W.P.(C)No.5211 of 2022
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published, prayers sought for in the writ petition do not survive. Accordingly, writ petition is disposed of, giving liberty to the petitioner to challenge the Rules, if he so desires.
Memo dated 29.10.2022 and the xerox copies of the Government Orders submitted before us today, shall be treated as part of record.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge
vpv
W.P.(C)No.5211 of 2022
5
APPENDIX OF WP(C) 5211/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE GOVERNMENT ORDER BEARING
GO(MS) NO.61/2011/LSGD DATED 26.02.2011.
Exhibit P2TRUE COPY OF THE GOVERNMENT ORDER BEARING
GO(MS) NO.198/2016/LSGD DATED 27.12.2016.
Exhibit P3TRUE COPY OF THE GOVERNMENT ORDER BEARING
GO(MS) NO.10/2018/LSGD DATED 27.01.2018.
Exhibit P4TRUE COPY OF THE GOVERNMENT ORDER BEARING
GO(MS) NO.106/2020/LSGD DATED 17.07.2020.
Exhibit P5TRUE COPY OF THE GOVERNMENT ORDER BEARING
GO(MS) NO.1611/2020/LSGD DATED 07.09.2020.
Exhibit P6TRUE COPY OF THE ORDER NO.PAN/11768/2021-
G3(DP) DATED 06.02.2022 ISSUED BY THE
DIRECTOR OF PANCHAYAT.
Exhibit P7TRUE COPY OF THE NEWSPAPER REPORT
PUBLISHED IN DESHABHIMANI DAILY DOWNLOADED
FROM THE WEBSITE DATED 01.01.2022.
Exhibit P8TRUE COPY OF THE KERALA LOCAL SELF
GOVERNMENT COMMON SERVICE ORDINANCE, 2002
(ORDINANCE NO.5 OF 2022).
//TRUE COPY//
P.A. TO JUDGE
K.V.Anil
State of Kerala
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court