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Harish K.M. vs Director on 21 May, 2009

Kerala High Court
Harish K.M. vs Director on 21 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13672 of 2009(D)


1. HARISH K.M.S/O.MOHAMMED IBRAHIM,
                      ...  Petitioner
2. KRISHNAKUMAR A.M. S/O. MOHANAN,
3. PRASEED KUMAR V.A. S/O. NARAYANAN NAIR,
4. ABSU S., LIVE STOCK INSPECTOR GRADE- II,
5. SINDHU K.V.LIVE STOCK INSPECTOR GRADE-II
6. SMITHA V.J. LIVE STOCK INSPECTOR
7. SRI. RAVEESH R., LIVE STOCK INSPECTOR,
8. SRI.SREEKUMAR S.,LIVE STOCK INSPECTOR
9. SRI.RAJEEV.C.RAJESH, LIVE STOCK
10. SMT.SHYLAJA P.K. LIVE STOCK INSPECTOR,
11. SMT.JISHA T.A. LIVE STOCK INSPECTOR
12. SMT.MANJU R.N., LIVE STOCK INSPECTOR

                        Vs



1. DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT,
                       ...       Respondent

2. DISTRICT ANIMAL HUSBANDRY OFFICER,

3. DISTRICT EMPLOYMENT EXCHANGE OFFICER,

                For Petitioner  :SRI.T.V.GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :21/05/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                      -------------------------------------
                      W.P.(C).No.13672 of 2009
                     --------------------------------------
                          Dated 21st May, 2009

                                JUDGMENT

Heard Sri.T.V.George, the learned counsel appearing for

the petitioners.

2. The petitioners are Live Stock Inspectors appointed

under Rule 9(a)(i) of Part II of the Kerala State & Subordinate Services

Rules. They claim continuance in service till regular hands recruited by

the Kerala Public Service Commission join duty. The issue raised in

this writ petition is directly covered against the petitioners by the

decision of the Full Bench of this Court in Radha v. District Medical

Officer (2002 (2) KLT 711). The Full Bench of this Court has in the

aforesaid decision held that employees appointed under Rule 9(a)(i) of

Part II of the Kerala State & Subordinate Services Rules have no right

to continue in service beyond the term for which they were appointed.

Further, the 9th proviso to Rule 9(a)(i) of Part II of the KS & SSR

interdicts such continuance in service. In the light of the authoritative

pronouncement of the Full Bench of this Court and the stipulations in

the 9th proviso to Rule 9(a)(i) of Part II of the KS & SSR, the

petitioners cannot seek or be granted the reliefs prayed for in this writ

petition. Further, the learned Government Pleader appearing for the

WP(C).No.13672/2009 2

respondents submits on instructions that a list of candidates sponsored

by Employment Exchanges has been forwarded to various appointing

authorities as early as on 8.5.2009. For that reason also the

petitioners cannot seek or be granted the reliefs prayed for in this writ

petition. The writ petition fails and is accordingly dismissed in limine.

P.N.RAVINDRAN
Judge

TKS

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