To Check If Special Rules Violate State & Subordinate Service Rules, It Needs To Be Seen If Both Can Co-Exist Without Colliding: Kerala HC
1 day, 23 hours ago

To Check If Special Rules Violate State & Subordinate Service Rules, It Needs To Be Seen If Both Can Co-Exist Without Colliding: Kerala HC

Live Law  

The Kerala High Court observed that to see whether special rules of a service are repugnant to the general provisions of the Kerala State & Subordinate Service Rules, it has to be checked whether both provisions can co-exist in a given situation without going into a collision course. In order to consider whether a provision in the Special Rules applicable to a particular service is repugnant to the general provisions contained in Ks & SSR, it is beneficial to apply a simple test viz., whether both provisions can co-exist without going into a collision course while applying them in a given situation.” If there is a repugnancy between any rule contained in Part II of KS & SSR and Special Rules applicable to any service, the Special Rules shall prevail as per Rule 2 of Part II of KS & SSR. The court was considering whether Assistant surgeons appointed under the Kerala Health Service Special Rules, 2010 who have exercised their option to be placed in Speciality Cadre can later relinquish their right to such an appointment under Rule 38 of Part II of KS&SSR. Hence, in view of the provisions contained in Rule 2 of Part II KS&SSR, the provisions in the Special Rules will prevail over the repugnant part of the general rules," the court said.

Kerala Court Service Rules Tribunal Special Rule Option Provisions Rule 6 Surgeons Special Rules Violate State Speciality Cadre  court  subordinate  kerala  violate  state  rules  surgeons  option  service  provisions  rule  seen  ii  needs  38  special  hc

History of this topic

Kerala High Court Declines To Interfere With State's Decision To Allow Govt Employees To Re-Take Dept Exam Due To COVID-19
2 months, 1 week ago

Kerala High Court Declines To Interfere With State's Decision To Allow Govt Employees To Re-Take Dept Exam Due To COVID-19

Live Law  

The High Court held that the Government was within its powers under Rule 39 of Part II of Kerala State and Subordinate Service Rules while giving extra chance to State Government employees who had not passed the departmental test necessary for promotion during the COVID-19 pandemic. The order was challenged before Kerala Administrative Tribunal by some Senior Clerks in the …

Kerala High Court Monthly Digest: October 2023 [Citations: 531-613]
1 year, 4 months ago

Kerala High Court Monthly Digest: October 2023 [Citations: 531-613]

Live Law  

Nominal Index The Ramapuram Regional Service Co-Operative Bank v State of Kerala 2023 LiveLaw 531 NBCC India Ltd. & Anr. and connected matter 2023 LiveLaw 563 Ramla Kabeer v. State of Kerala 2023 LiveLaw 564 Kakkovil Muliyarakkal Krishnan Children V Kakkovil Muliyarakkal Vilasini 2023 LiveLaw 565 XX v. CBSE Regional Office & Anr. 2023 LiveLaw 584 Dr. Ciza Thomas v. …

Kerala Cooperative Society Member Executing Instrument/Sale Deed In His Own Capacity Not Entitled To Benefit Of Stamp Duty Remission: Supreme Court
2 years, 4 months ago

Kerala Cooperative Society Member Executing Instrument/Sale Deed In His Own Capacity Not Entitled To Benefit Of Stamp Duty Remission: Supreme Court

Live Law  

The Supreme Court observed that a member of a cooperative society in Kerala executing an instrument/sale deed in his own capacity shall not be entitled to the benefit of remission of stamp duty.The bench of Justices MR Shah and Krishna Murari upheld the Kerala High Court Full Bench Judgment which held that the benefit of remission of stamp duty is …

RTO Has Discretion To Reject Application For Permit Replacement If Proposed Vehicle Is Older Than The Existing One: Supreme Court Upholds Rule 174(2)(c) of Kerala Motor Vehicle Rules
3 years, 1 month ago

RTO Has Discretion To Reject Application For Permit Replacement If Proposed Vehicle Is Older Than The Existing One: Supreme Court Upholds Rule 174(2)(c) of Kerala Motor Vehicle Rules

Live Law  

The Supreme Court upheld Rule 174 of Kerala Motor Vehicle Rules,1989 which enables the road transport authority to reject an application for replacement if the proposed vehicle is older than the one covered under the existing permit.The court observed that under this Rule, the Authority can apply discretion, wherever necessary, while exercising the power to grant replacement of a. Motor …

Legislative Privileges & Immunities Not Gateways To Claim Exemption From Criminal Law : Supreme Court In Kerala Assembly Ruckus Case
3 years, 7 months ago

Legislative Privileges & Immunities Not Gateways To Claim Exemption From Criminal Law : Supreme Court In Kerala Assembly Ruckus Case

Live Law  

While refusing to allow the withdrawal of criminal prosecution against six LDF members in the Kerala assembly ruckus case of 2015, the Supreme Court made certain significant observations on the scope of legislative privileges and immunities.The State of Kerala and the accused persons had raised an argument that the criminal prosecution was not sustainable against the members for acts committed. …

'Empanelled Employees Cannot Continue Beyond 180 Days', Kerala HC Directs KSRTC To Relieve All Empanelled Drivers By April 30 [Read Judgment]
5 years, 11 months ago

'Empanelled Employees Cannot Continue Beyond 180 Days', Kerala HC Directs KSRTC To Relieve All Empanelled Drivers By April 30 [Read Judgment]

Live Law  

The High Court of Kerala today directed that the empanelled drivers of Kerala State Road Transport Corporation should be relieved by April 30.This is following the earlier order of the High Court directing the removal of empanelled conductors of KSRTC, holding that they cannot continue beyond 180 days and that the vacancies existing beyond that period should be filled up …

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