IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31235 of 2006(R)
1. H.SEENA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE DIRECTOR GENERAL OF PROSECUTIONS,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :19/12/2006
O R D E R
K.K.DENESAN, J.
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WP(C)No. 31235 OF 2006
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Dated this the 19th December, 2006.
JUDGMENT
The petitioner is working as Assistant Public
Prosecutor Gr.II with effect from 16.6.2006 in the Court of
the Judicial First Class Magistrate, Ottapalam. Her term
of appointment as shown in the appointment order was over
by 15th of this month. This Court passed an interim order
directing the respondents to permit the petitioner to
continue in the post.
2. The Government have issued the select list of
Assistant Public Prosecutors Gr.II for regular appointment
and a substantial number of candidates included in the
select list are undergoing training for a period of six
months. The point for consideration is until such time the
trained hands report for duty, why not the petitioner be
permitted to continue on temporary basis? I am of the
opinion that the petitioner can be allowed to continue in
the post temporarily until the regular hand reports for
duty. This is so in the light of the ruling of the apex
Court in Raj Deo Sharma v. State of Bihar {2000(1) KLT SC
463}. The information collected by this Court through the
Registrar shows that there are no complaints against the
petitioner.
WPC 31235/2006 2
3. Hence there shall be a direction to the respondents
to permit the petitioner to continue as Assistant Public
Prosecutor Gr.II until the regular hand reports for duty.
Writ petition is disposed of as above.
K.K.DENESAN
Judge
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