Provisional employees have no statutory right to continue in service against the statutory rules.

1. The appellant, who was sponsored by the Employment Exchange, was appointed provisionally as a Head Draughtsman "for 179 days from the date of joining duty or till a regular hand joins duty whichever is earlier", by order of the Executive Engineer (Agril.), Regional Office, Calicut, dated 24-11-1986 (Ext. P1). When her services were about to be terminated on the basis of the appointment order itself and on the strength of the Kerala State and Subordinate Services Rules, especially R.9(a)(i) of the Rules, she approached this court for a direction that her services may not be terminated and that she may allowed to continue in service. This court has in a series of decisions held that the appellant and persons similarity situated are not entitled to the protection of the Industrial Disputes Act in view of the specific amendment to the Kerala Public Services Act, made with effect from 1st October. 1981, stating "notwithstanding anything contained in Chap.S-A or in any other provision of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force, or in any judgment, decree or order of any court, the appointment of any person to any public service or post in connection with the affairs of the State of Kerala and the conditions of service (including termination of service) of any person appointed to any such service or post shall be governed by the provisions of this Act and the rules made or deemed to have been made thereunder."

2. When the case of provisional hands came up before the Supreme Court in the decision reported in 1984 KLT 17 between Narayani v. State of Kerala, the Supreme Court observed:

On one hand are the difficulties in which the petitioners find themselves as a result of the impending termination of their services: On the other are the exigencies of service which require that persons who have been selected by the Public Service Commission on merits must take change of their posts. In order not to aggravate this problem, it is necessary that the examination should be held by the Public Service Commission expeditiously."

The Supreme Court therefore directed that the petitioners therein and persons similarly situated will be permitted to appear for the next examination which the Public Service Commission may hold. It was also specifically observed that:

"We would like to make it clear that the order which we are passing to-day will not confer any right on the petitioners and the others who are similarly situated to continue in service, or of being selected by the Public Service Commission otherwise than in accordance with the relevant rules and regulations. We must also clarify that the order will not be construed as or operate as a stay of the appointment of candidates who have already been selected or who may hereafter be selected by the Public Service Commission."

3. Pursuant to the directions of the Supreme Court, the Government issued Circular dated 3rd May. 1984, stating therein in para 2 as follows:

"It has come to the notice of Government that the benefit of continuing in service beyond 180 days is allowed not only to provisional employees who have been in continuous employment on the date of the judgment of the Supreme Court, viz., 24-11-1983, but also to those appointed through Employment Exchange after 24-11-1983 as well. This is not the intention of the Government in issuing circulars dated 5-12-1983 and 9-1-1984. The benefit of continuance beyond 180 days till regular hands advised by the Kerala Public Service Commission join duty is allowed only to those temporary (provisional) employees who have been in continuous employment on 24-11-1983, the date of Supreme Court judgment. The temporary (provisional) appointments made after 24-11-1983 will be governed by the provisions contained in R.9(a)(i) of the Kerala State and Subordinate Services Rules, 1958."

4. The validity of this Circular and the right of the provisional hands appointed subsequent to the