ORDER :

These appeals have been preferred by the appellants against the judgment and orders dated 16.09.2004 and 3.06.2005 passed by the High Court of Kerala at Ernakulam in O.P. No. 30458/2001, etc. By the impugned judgment and order, the Division Bench of the High Court dismissed all the writ petitions preferred by the appellants and held that the posts of Industries Extension Officers shall be filled up in accordance with the Special Rules and not from the rank lists prepared by the Commission in terms of the Government Order dated 23rd August, 1962 (for short 1962 G.O.)

2. The factual matrix of the case is as follows:-

Respondent No.2-Kerala Public Service Commission (hereinafter referred to as 'Public Service Commission') published a Notification inviting applications for the post of Industries Extension Officers in the Department of Industry and Commerce, State of Kerala, in the then scale of pay Rs.1,330 - 2,555/- in accordance with the 1962 G.O. Total 33 posts were advertised. The appellants of C.A. No. 4205/2007 were already in the service of the State, working on lower post of Village Extension Officers. They were eligible for appointment and, therefore, applied pursuant to Notification dated 26.05.1992. The appellants in two other appeals being C.A. No.4206 & 4207 of 2007, who were not in the service of the State of Kerala, were also eligible, and applied pursuant to the said advertisement. The written test was conducted by the Public Service Commission on 4th March, 1995. By that time 86 vacancies were reported.

3. According to the appellants, a short list was prepared by Public Service Commission. On 16th November, 2000, names of the appellants were included in the said short list. Interviews were notified to be held between 26.12.2000 to 30.12.2000. Some of the employees who had been temporarily promoted under Rule 31 of Kerala Industrial Subordinate Service Rules, 1958, filed Writ Petition O.P.No.34827 of 2000, challenging the interview wherein interim order restraining the Commission from conducting interviews was passed on 13th December, 2000. In view of the stay order, the interviews could not be conducted on 26th-30th December, 2000.

4. During the pendency of the said selection, the State of Kerala introduced Special Rules, i.e., Kerala Industrial Subordinate Service Rules, commonly known as "Special Rules". They were notified in the Official Gazette on 17th February, 2001 giving retrospective effect from 1st July, 1983. Rule 1, which is relevant, reads as under:

"1. Short title and commencement-(1) These rules may be called the Special Rules for the Kerala Industries Subordinate Service 2001.

(2) They shall be deemed to have come into force with effect from 1st July, 1983:

Provided that these rules shall not affect the appointments already made till 30.6.1983."

5. The appellant-M.I. Kunjukunju and others filed Writ Petition O.P.No.30458 of 2001. It was pleaded that their names were figured in the second list at Serial Nos. 6, 10, 17, 33 and 47. They pleaded that they were entitled for appointment by transfer as per Government order dated 23rd August, 1962, wherein provision was made to appointment (a) by direct recruitment; (b) by promotion from the Kerala Industries Subordinate Service; and (c) by transfer from the Gram Sevaks in the Development Department. According to learned counsel for the appellants, these appellants also challenged the Special Rules of 2001 as being invalid. There were other writ petitions being O.P. No. 18047 and 38589/2001 which were also preferred by some of the employees who had been temporarily posted to the post of Industries Extension Officer seeking a mandamus directing the Public Service Commission not to proceed with the Selection Process, commenced in pursuance to the Notifications dated 26.5.1992 and 27.10.1998 since Special Rules had been promulgated and method of appointment and qualification for the post had substantially changed. Those writ petitions were dismissed against wh