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1987 Supreme(Ker) 598

MALIMATH, BHASKARAN NAMBIAR
N. C. Narayanan Nair – Appellant
Versus
State of Kerala – Respondent


Judgment :-

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. Accor
























































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