Judgment :- C.S. Rajan, J. The petitioner is the General Secretary of the Kerala Legislature Secretariat Staff Association, an organisation of the employees of the Legislature Secretariat recognised by the Government. He challenges Exts. P-9 and P-10 orders passed by the second respondent. By Ext. P-9 respondents 3 to 18 were appointed as Part time Sweepers/ Gardner's. By Ext. P-10 respondents 19 to 22 were appointed as Part time Sweepers/ Gardeners. According to the petitioner, the provisions contained in the Special Rules for the Kerala Part-time Contingent Service are applicable to the appointments of Part-time Sweepers and Part-time Gardeners in the Legislative Secretariat. If that be so, the appointments must be made in accordance with the list sent by the Employment Exchange after notifying the vacancies to the Employment Exchange. In the matter of appointment of respondents 3 to 22 the above procedure was not followed. According to the petitioner, the appointments were made very secretly and arbitrarily and therefore, the appointments are liable to be quashed. 2. The Governor of Kerala issued Ext. P1, Kerala Legislature Secretariat (Recruitment and Conditions of service) Rules, 1979 in exercise of the powers conferred by clause (3) of Art.187 of the Constitution of India. According to R.3 of Ext. P1 rules, the composition of the Legislature Secretariat consist of; (a) the post of Secretary; (b) such other gazetted posts of and above the rank of Deputy Secretary; (c) such other gazetted posts, not provided for in clause (b); and (d) such number of non-gazetted posts, as the Speaker may, from time to time, sanction. According to R.4 of Ext. P-1 Rules, appointments to the post of Secretary and other gazetted posts of and above the rank of Deputy Secretary shall be made by the Speaker in consultation with the Chief Minister, either by promotion, or by transfer or by deputation from any other service, or by direct recruitment in consultation with the Kerala Public Service Commission. Appointments to the post of other gazetted posts are also to be made in the like manner. Appointments to the non gazetted post shall be made by the Secretary either by promotion or by transfer or by direct recruitment in consultation with the P.S.C. The posts of contingency service like Part-time Sweepers and Part-time Gardeners have not been specifically mentioned in Ext. P-1 rules. Appointments to the non gazetted post shall be made by the Secretary either by promotion or by transfer or by direct recruitment in consultation with the P.S.C. The posts of contingency service like Part-time Sweepers and Part-time Gardeners have not been specifically mentioned in Ext. P-1 rules. Therefore, the learned counsel for the petitioner argues that the Special Rules for the Kerala Part-time Contingent Service must be made applicable to the similar posts in the Legislature Secretariat. Art.187 of the Constitution of India reads as follows: "187. Secretariat of State Legislature (1) The House or each House of the Legislature of a State shall have a separate secretarial staff: Provided that nothing in this clause shall, in the case of the Legislature of a State having a Legislative Council, be construed as preventing the creation of posts common to both Houses of such Legislature. (2) The Legislature of a State may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the House or Houses of the Legislature of the State. (3) Until provision is made by the Legislature of the State under clause (2), the Governor may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said clause". Under the above Article it is for the Legislature to make laws regulating the recruitment and conditions of service of persons appointed to the secretarial staff of the Legislature of the State. Until provision is made by the Legislature the Governor may after consultation with the Speaker make rules regulating the recruitment and the conditions of service of persons appointed, to the secretarial staff of the Assembly. A reading of Ext. P-1 will go to show that it is under Art.187(3) the Kerala Legislature (Recruitment and Conditions of service) Rules were promulgated. But Special Rules for the Kerala Part-time Contingent Service have been issued under S.2 of the Kerala Public Services Act. Therefore, the above rules cannot be made applicable to the Legislature Secretariat unless the Governor after consultation with the Speaker issued rules under Art.187(3) of the Constitution. But Special Rules for the Kerala Part-time Contingent Service have been issued under S.2 of the Kerala Public Services Act. Therefore, the above rules cannot be made applicable to the Legislature Secretariat unless the Governor after consultation with the Speaker issued rules under Art.187(3) of the Constitution. Thus, the argument of the learned counsel for the petitioner that while making appointments of respondents 3 to 22 as per Exts. P-9 and P-10 there was flagrant violation of the provisions contained in the Special Rules for the Kerala Part-time Contingent Service cannot be accepted. 3. In paragraphs 7 and 8 of the Original Petition the petitioner has stated that persons appointed under Exts. P-9 and P-10 are either related to persons who could influence the second respondent and therefore the appointments are arbitrary. 4. In the counter affidavit filed by respondents 3 to 11 it has been averred that the Speaker of the Kerala Assembly from the very beginning used to make appointments to the various posts in the contingency service in the Legislature Secretariat. In 1971-72, 25 persons were appointed in the contingency service by the men Speaker. Again in 1975 seven persons were appointed by the then Speaker. Number of instances have been detailed in the counter affidavit wherein the Speakers were making appointments in the contingency service without reference to the Employment Exchange. 5. Therefore, the only conclusion this Court can reach is that the Speakers from time to time were exercising the powers of appointment to the various posts in the contingency service without reference to the Special Rules for the part-time contingency service. It is also to be remembered that all these appointments are only temporary and not regular. 6. Under these circumstances, I do not find any justification to interfere with Exts. P-9 and P-10 orders. The Original Petition is, therefore, dismissed.