IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7940 of 2009(J)
1. V.R.PRASANNA DEVI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR,
3. KERALA PUBLIC SERVICE COMMISSION,
For Petitioner :SRI.S.M.PREM
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :06/08/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 7940 OF 2009
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Dated this the 6th day of August, 2009
J U D G M E N T
Heard Sri.S.M.Prem, the learned counsel appearing for the
petitioner, Sri. P.Nandakumar, the learned Government Pleader
appearing for respondents 1 & 2 and Sri Alexander Thomas, the
learned Standing Counsel appearing for the Kerala Public Service
Commission.
2. The petitioner, who was working as Preservation Assistant
in the Regional Conservation Laboratory of the Archaeology
Department at Vazhuthacaud in Thiruvananthapuram was
temporarily appointed under Rule 9(a)(i) of Part II of the KS&SSR in
relaxation of the rules as Archaeological Chemist in the existing
vacancy in the Regional Conservation Laboratory at Vazhuthacaud.
Ext.P1 order of appointment issued by the Government on
18.2.2008 specifically recites that such appointment is made in the
exigencies of service and that as and when a PSC hand joins duty,
the petitioner will be reverted to the post of Preservation Assistant.
This writ petition is filed apprehending that as the Kerala Public
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Service Commission has published a ranked list, the petitioner will be
reverted to the post of Preservation Assistant. The petitioner
contends that there is a lacuna in the special rules governing
appointments to the Kerala Archaeological Service and therefore she
is entitled to be exempted from possessing the requisite
qualifications for appointment to the post of Archaeological Chemist.
Respondents 1 and 2 have filed a counter affidavit along with which
they have produced Ext.R1(c) memo dated 2.3.2009 advising the
candidate ranked first in Ext.P10 ranked list for regular appointment
as Archaeological Chemist. The learned Government Pleader
appearing for the respondents submits that in view of the interim
order passed by this Court staying the petitioner’s reversion, the
appointment of the said candidate could not be effected.
3. I have considered the submissions made at the Bar by the
learned counsel appearing on either side. Going by the rules
presently in force, the petitioner is not qualified for appointment as
Archaeological Chemist. She was temporarily appointed under Rule
9(a)(i) of Part II of the KS&SSR in relaxation of the rules in view of
the exigencies of service subject to the condition that as and when a
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PSC hand joins duty, she will be reverted to the post of Preservation
Assistant. Ext.P10 ranked list of candidates selected for
appointment to the post of Archaeological Chemist in the
Archaeology Department came into force on 17.2.2009, one year
after the petitioner was appointed on a temporary basis. Ext.R1(c)
discloses that the candidate ranked first in the said ranked list has
been advised for appointment. The said candidate possesses the
qualifications prescribed for the post. The petitioner who was
appointed in relaxation of the rules will have to vacate the post of
Archaeological Chemist as and when a regular hand joins duty. The
8th proviso to Rule 9(a)(i) of Part II of the KS&SSR states that no
person who does not possess the qualification, if any, prescribed for
the said service, class or category, shall ordinarily be appointed
under Rule 9(a)(i). It is also stipulated that every person who does
not possess such qualifications and who has been or is appointed
under Rule 9(a)(i) shall be replaced as soon as possible by
appointing a person who possesses the required qualifications. The
petitioner was temporarily appointed under Rule 9(a)(i) of Part II of
the KS&SSR in relaxation of the rules as Archaeological Chemist
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against an existing vacancy in the exigencies of service subject to
the condition that when a PSC hand joins duty, she will be reverted
to the post of Preservation Assistant. Therefore the petitioner cannot
claim any vested right to continue in office as Archaeological
Chemist. I accordingly hold that the petitioner has no right to
continue in service to the detriment of a candidate selected by the
Kerala Public Service Commission.
The writ petition accordingly fails and is dismissed with a
direction to the competent authority among the respondents to issue
orders of appointment to the candidate named in Ext.R1(c) forthwith
and in any case within two weeks from today.
P.N.RAVINDRAN, JUDGE
vps
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