N C NARAYANAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) A Hospital Assistant Grade II faced with a possible reversion as part time S. weeper, and a part time Sweeper in a Hospital claiming to be promoted as Hospital Assistant Grade II joined together to challenge the amendment of Rale S of the Special Rules for the Last Grade Service made on 21st May, 1986 and published in the Gazette dated 24th June, 1986. The challenge did not meet with success in the Writ Petition filed under Art. 226 of the Constitution and hence this appeal. We shall refer briefly to the facts, the relevant Government Orders, and the statutory provisions to understand the scope of the controversy.

(2.) BOTH the appellants were appointed as Part-time sweepers in two Government Hospitals in Kozhikode in 1984 under the Health Services Department. The Department had prepared a seniority list of the part-time contingent employees in that Department in the kozhikode District as on 19-5-1984 where the first appellant is given rank 49 and the second appellant rank 71. Subsequently, the first appellant was promoted as Hospital Attendant Grade II on 14-7-1986 and it is admitted that he was so prompted in respect of a vacancy that arose before 24tb June, 1986. According to the appellants when the Special Rules were amended in June, 1986, part-time Sweepers could be promoted as Hospital Attendants Grade II, only on the basis of a common seniority list of Part-time contingent employees of all departments prepared on Revenue District wise basis, without reference to the seniority in the Health Services Department, where they were initially appointed. The first appellant apprehended reversion and the second appellant stated that be was denied promotion and they both challenged the amendment.

(3.) AS early as 1966, the Government bad framed the special Rules for the Kerala Last Grade Service. R. 1 mentioned the categories of posts constituting the service. Hospital Attendant Grade II is included in category 4. The method of appointment was provided in R. 5 thus: "category 4: (i) By promotion from Part-time Contingent Employees of the Department concerned or (ii) In the absence of suitable hands under item (i)above, by promotion from the part-time Contingent Employees of other Departments; or (iii) In the absence of suitable persons under items (i)and (ii) above, by recruitment through Employment Exchange:"