High Court Kerala High Court

Sandya.S vs State Of Kerala on 23 May, 2009

Kerala High Court
Sandya.S vs State Of Kerala on 23 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14161 of 2009(M)


1. SANDYA.S.
                      ...  Petitioner
2. MINI.B.NAIR
3. NISHA RAJAN
4. SIDDIIQUE.A,

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. DISTRICT ANIMAL HUSBANDRY OFFICER

                For Petitioner  :SRI.K.SASIKUMAR

                For Respondent  : No Appearance

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

 Dated :23/05/2009

 O R D E R
                   P.N.RAVINDRAN, J.
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
               W.P.(C) No. 14161 of 2009
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
         Dated this the 23rd day of May, 2009

                       JUDGMENT

The petitioners are provisional employees appointed

under Rule 9(a) (i) of Part II of the Kerala State and

Subordinate Services Rules for a period of one year from the

date on which they join duty or till regular hands recruited

by Kerala Public Service Commission join duty, whichever is

earlier. Their appointment as Livestock Inspectors will

expire shortly. In this writ petition the petitioners seek

continuance in service till regular hands recruited by the

Kerala Public Service Commission join duty. They contend

that Kerala Public Service Commission has initiated steps to

recruit Livestock Inspectors, that the recruitment process

will take some more time and therefore, they may be

permitted to continue in service till candidates advised by

the Kerala Public Service Commission join duty. The

petitioners rely on the decisions of the Apex Court in

Narayani & others V. State of Kerala & others (1984 KLT

17) and Sasankan & others V. State of Kerala & others

WPC 14161/09 2

(1987(2) KLT 347) in support of their contention.

2. It is not in dispute that the petitioners were

appointed under Rule 9(a)(i) of Part II of the K.S. & S.S.R.

Ext. P1, the order of appointment specifically recites that

the petitioners are appointed for a period of one year from

the date on which they join duty or till regular hands

recruited by Kerala Public Service Commission join duty,

whichever is earlier. A Full Bench of this Court interpreting

Rule 9(a) (i) of Part II of the K.S. & S.S.R. has held that

provisional employees appointed under Rule 9(a)(i) of Part

II of the K.S. & S.S.R. have no right to continue in service

beyond the term for which they are appointed. It was also

held that the mere fact that regular hands are not available

for appointment does not confer on them any right to

continue in service beyond the term for which they are

appointed. Ext.P1 order of appointment specifically recites

that the appointment is for a period of one year or till the

candidates selected by the Kerala Public Service

Commission join duty, whichever is earlier. On the terms

WPC 14161/09 3

of the order appointing them, the petitioners have no right

to continue in service beyond the period of one year .

Merely for the reason that the recruitment process

initiated by the Kerala Public Service Commission has not

been concluded so far, the petitioners cannot continue in

service.

In my opinion, the point raised by the petitioners is

covered against them by the decision of the Full Bench of

this Court in Radha V. District Medical Officer (2000 (2)

KLT 711.

The writ petition fails and is accordingly dismissed.

P.N.RAVINDRAN,
JUDGE.

mn.