The main legal point established in the judgment is that the amendment to R.5 of the Special Rules for the Last Grade Service, made in 1986, which provided for promotion of part-time contingent employees based on a common seniority list of part-time contingent employees of all Departments prepared on Revenue District-wise basis, was unreasonable, unworkable, and beyond the powers conferred under the Public Services Act.

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. Part-time contingent Sweepers are governed by the Special Rules made in 1975. The appointing authority for these Sweepers in Kozhikode District was the highest officer of the District having jurisdiction over the office or the institution and it was the District Medical Officer. Kozhikode, who appointed the appellants as Part-time contingent Sweepers. They have to undergo a period of probation and become full members thereafter. The transfer and postings are to be made by the appointing authority and therefore limits his authority to transfer to units or institutions under his control. But a member of this Part-time contingent service may, on grounds of administrative necessity be transferred from the jurisdiction of one appointing authority to that of another authority. Such transfers shall be made by the authority to which the appointing authorities are, administratively subordinate. When, however, transfer is made on request, with the mutual consent of the appointing authorities, the person desiring transfer shall forego his earlier seniority.

4. It is sufficient for us to note that the Special Rules for the Kerala Part-time Contingent Service primarily preserved the seniority of the part-time contingent employee in the unit or institution where he was originally appointed, unless he lost it by his own conduct of a request transfer to any other unit of his choice.

5. 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:"

6. The appointing Authority was:

The qualification prescribed was: "Must be able to read and write Malayalam or Tamil or Kannada."

7. The method of appointment for Category 4 in R.5 was amended in 1986 thus:

"Category 4:

(i) By promotion of part-time contingent e