IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14161 of 2009(M)
1. SANDYA.S.
... Petitioner
2. MINI.B.NAIR
3. NISHA RAJAN
4. SIDDIIQUE.A,
Vs
1. STATE OF KERALA
... Respondent
2. DISTRICT ANIMAL HUSBANDRY OFFICER
For Petitioner :SRI.K.SASIKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :23/05/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 14161 of 2009
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Dated this the 23rd day of May, 2009
JUDGMENT
The petitioners are provisional employees appointed
under Rule 9(a) (i) of Part II of the Kerala State and
Subordinate Services Rules for a period of one year from the
date on which they join duty or till regular hands recruited
by Kerala Public Service Commission join duty, whichever is
earlier. Their appointment as Livestock Inspectors will
expire shortly. In this writ petition the petitioners seek
continuance in service till regular hands recruited by the
Kerala Public Service Commission join duty. They contend
that Kerala Public Service Commission has initiated steps to
recruit Livestock Inspectors, that the recruitment process
will take some more time and therefore, they may be
permitted to continue in service till candidates advised by
the Kerala Public Service Commission join duty. The
petitioners rely on the decisions of the Apex Court in
Narayani & others V. State of Kerala & others (1984 KLT
17) and Sasankan & others V. State of Kerala & others
WPC 14161/09 2
(1987(2) KLT 347) in support of their contention.
2. It is not in dispute that the petitioners were
appointed under Rule 9(a)(i) of Part II of the K.S. & S.S.R.
Ext. P1, the order of appointment specifically recites that
the petitioners are appointed for a period of one year from
the date on which they join duty or till regular hands
recruited by Kerala Public Service Commission join duty,
whichever is earlier. A Full Bench of this Court interpreting
Rule 9(a) (i) of Part II of the K.S. & S.S.R. has held that
provisional employees appointed under Rule 9(a)(i) of Part
II of the K.S. & S.S.R. have no right to continue in service
beyond the term for which they are appointed. It was also
held that the mere fact that regular hands are not available
for appointment does not confer on them any right to
continue in service beyond the term for which they are
appointed. Ext.P1 order of appointment specifically recites
that the appointment is for a period of one year or till the
candidates selected by the Kerala Public Service
Commission join duty, whichever is earlier. On the terms
WPC 14161/09 3
of the order appointing them, the petitioners have no right
to continue in service beyond the period of one year .
Merely for the reason that the recruitment process
initiated by the Kerala Public Service Commission has not
been concluded so far, the petitioners cannot continue in
service.
In my opinion, the point raised by the petitioners is
covered against them by the decision of the Full Bench of
this Court in Radha V. District Medical Officer (2000 (2)
KLT 711.
The writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN,
JUDGE.
mn.