IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33161 of 2008(W)
1. ANU PAPPACHAN, AGED 29 YEARS,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. THE DIRECTOR,
3. THE JOINT DIRECTOR,
4. THE PRINCIPAL,
For Petitioner :SMT.P.SHYNI
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/11/2008
O R D E R
P.N.RAVINDRAN, J.
-------------------------
W.P.(C.) Nos.33161 & 33203 of 2008
---------------------------------
Dated, this the 11th day of November, 2008
J U D G M E N T
The petitioner in WP(C) No.33161/2008 is working as
Junior Instructor in the trade of Computer Operator and
Programming Assistant and the petitioner in WP(C)
No.33203/2008 is working as Junior Instructor in the Trade
of Network Technician, in the Industrial Training Institute for
Women, Kollam. The petitioner in WP(C) No.33203/2008 is
a person with disability. They were appointed in their
respective posts under Rule 9(a)(i) of Part-II of the Kerala
State and Subordinate Service Rules, for a period of one year
or till regular hands recruited through the Kerala Public
Service Commission join duty, whichever is earlier. In these
writ petitions, the petitioners pray that as no ranked list
published by the Commission is in existence and as their
services are required, the respondents may be directed to
retain them in service till regular hands join duty.
WP(C) No.33616 & 33203/2008
-2-
2. A Full Bench of this Court has in Radha Vs.
District Medical Officer, (2002(2) KLT 711), held that
provisional employees appointed under Rule 9(a)(i) have no
right to continue in service beyond the term for which they
are appointed. The 9th proviso to Rule 9(a)(i) of Part-II, KS
& SSR also prohibits such continuance. In the light of the
authoritative pronouncement of the Full Bench of this Court,
and the statutory provisions contained in the KS & SSR, the
reliefs prayed for by the petitioners in these writ petitions
cannot be granted. The writ petitions accordingly fail and
are dismissed.
(P.N.RAVINDRAN, JUDGE)
jg