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1985 (3) TMI 252 - SC - Indian LawsConstitutional validity of the Andhra Pradesh Abolition of Posts of Part-time Village Officers Ordinance, 1984 questioned Held that:-The abolition of the posts and the declaration that the incumbents of those posts would cease to be holders of those posts under section 3 of the Ordinance being completed events, there is no question of their revival or the petitioners continuing to hold those posts any longer. The above contention has, therefore, to be rejected in the circumstances of this case. In view of what has been stated above it is not necessary to consider the contention of the petitioners that it was not open to the Government to issue one ordinance after another to keep alive the effect of the first ordinance as the first ordinance itself brought about the desired effect by section 3 thereof. Even if the other provisions of the Ordinance have ceased to be in force, there can be no constitutional difficulty arising therefrom because it is open to the State Government to create new posts in exercise of its powers under Article 162 of the Constitution as long as the field is not occupied by an Act of the Legislature or a rule made under the proviso to Article 309 of the Constitution. petition dismissed.
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