IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32528 of 2008(V)
1. C.BENJAMIN
... Petitioner
Vs
1. SENIOR ADMINISTRATIVE OFFICER,
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :05/11/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.32528 of 2008
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Dated this the 5th November, 2008.
J U D G M E N T
The petitioner, a person with disability, was
provisionally appointed as Peon in the office of the second
respondent for a period of 179 days. He joined duty on
14.5.2008. He thereafter submitted Exts.P5 and P6
representations before the second respondent seeking
continuance in service beyond the period of 179 days. In this
writ petition, the petitioner prays for a direction to the
respondents to consider his request in Exts.P5 and P6
representations and also for a direction to the respondents not to
terminate his service on the expiry of 179 days.
2. A Full Bench of this Court has in Radha v.
District Medical Officer (2002 (2) KLT 711 (FB) held that a
person appointed on a provisional basis under Rule 9(a)(i) of Part
II of the K.S. & S.S.R. has no right to continue in service beyond
the period for which he/she was appointed. The 9th proviso to
W.P.(C) No.32528/2008
2
Rule 9(a)(i) of Part II of the K.S. & S.S.R. also prohibits the
same.
In the light of the authoritative pronouncement of
this Court in Radha v. District Medical Officer (supra) and the
statutory provisions contained in the 9th proviso to Rule 9(a)(i)
of Part II of the K.S. & S.S.R., the petitioner cannot claim and the
respondents also cannot permit continuance in service beyond
the period of 179 days. Such being the situation, the reliefs
prayed for by the petitioner cannot be granted. The Writ Petition
fails and is accordingly dismissed.
P.N.RAVINDRAN,
JUDGE
nj.