JUDGMENT
Cyriac Joseph, J.
1. This appeal is filed against the judgment in
O.P. No. 18043/2002 which was dismissed by the learned Single
Judge holding that the appellants who are provisionally
appointed Staff Nurses, have no right to continue in service
beyond the period of appointment or to be absorbed in
regular service. The right of persons like the appellants
for absorption in service and continuance in service beyond
the period of appointment was considered by this court in
Writ Appeal No. 294/2002 and the following general directions
have been issued to enable the Government to follow a
uniform policy in the matter.
i) In the normal course, the services of Staff Nurses
provisionally appointed under Rule 9(a)(i) of the KS
& SSR are liable to be terminated on expiry of the
period of appointment or when the candidates
recruited by Public Service Commission join duty,
whichever is earlier;
ii) In the case of candidates who have executed bonds
obliging them to serve the Government, and in the
absence of P.S.C. recruits, their appointment shall
be renewed after every year on the same terms and
conditions so that they can serve the Government for
a maximum period of five years. But on expiry of
the period of five years, their services shall be
terminated. The provisional service will not confer
on them any right for regularisation in service or
for continuance in service beyond the period of
appointment.
iii) If candidates recruited by the Public Service
Commission become available at any time before the
expiry of the period of five years, the services of
the provisional appointees will be liable to be
terminated to give place to the candidates recruited
by the Public Service Commission.
iv) The services of provisional appointees who have
already completed the period of five years shall be
terminated forthwith, notwithstanding any stay order
or direction issued by the High Court in such cases.
v) On termination of the services of provisionally
appointed Staff Nurses on expiry of the period of
five years, the resultant vacancies shall be filled
up by candidates who have executed bonds with the
Government and are awaiting appointment provided
that candidates recruited by the Public Service
Commission are not available.
vi) After appointing candidates who have executed bonds
and are awaiting appointment, if vacancies exist,
they may be filled up by candidates sponsored by the
Employment Exchange.
The right of the appellants to continue in service will be
governed by the above directions. Respondents 1 and 2 are
free to pass appropriate orders in the case of the
appellants in the light of the above mentioned directions.
2. The appeal is disposed of in the above terms.