STATE OF KERALA Vs. A.M.NOUSHAD

JUDGEMENT

(1.) These writ appeals, at the instance of the State of Kerala, calls into question the sweep, ambit and purlieu of the time tested and time honoured Doctrine of Pleasure. This doctrine began its life as a common law rule. It had its origins in England and began as a convention of the British law. Under this doctrine a public servant holds office during the pleasure of the crown and can be dismissed from service by the crown at its pleasure. The civil servant under it is susceptible to dismissal without cause, without being legally competent to claim damages for wrongful dismissal or premature termination.

(2.) The hyposthsis of this doctrine is traced to the Maxim "Durente Bene Placito" which literally means "during pleasure". As per this maxim, the tenure of office, except where it is otherwise specifically provided by the statute, can be terminated at any time without any cause being assigned.

(3.) In these appeals, the State of Kerala has challenged the judgment of the learned Single Judge, wherein the removal of the members earlier nominated by the Government, to three different statutory boards, namely, the Kerala Labour Welfare Fund Board, the Kerala Minimum Wages Advisory Board and the Kerala Motor Transport Workers Welfare Fund Board, before expiry of their term of appointment without any cause or reason being assigned for such action, was found to be impermissible and illegal. The essential contention of the appellants is that the writ petitioners are all nominated members to the above mentioned Boards and, therefore, that they hold office only under the pleasure of the Government, thereby consequently being liable to be terminated at any time without assigning any reason.