IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 27413 of 2007(L)
1. SREEJA P.N.,
... Petitioner
2. RAVEESH. R.,
3. VIJI.B,
4. SHEEBA.N.,
5. VINEETHA P.K.,
6. SWAPNA GOPAL.N.,
7. PRAKASH.M.,
8. BABY MANJULA M.V.,
9. RANI.S.A.,
10. PREETHI P.S.,
11. VIJAYALAKSHMI.P,
12. RAGIRAJ R.G.,
13. GEETHAPRIYAN.K.,
14. JINI K.VARGHESE,
15. SHYNIMOL.A.,
Vs
1. DISTRICT ANIMAL HUSBANDRY OFFICER,
... Respondent
2. DISTRICT EMPLOYMENT OFFICER,
For Petitioner :SRI.DEEPU THANKAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :14/09/2007
O R D E R
V.GIRI,J.
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W.P.(C) NO.27413 of 2007
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Dated this the 14th day of September, 2007
JUDGMENT
Petitioners are working as Live Stock Inspectors Grade II, having
been appointed on a provisional basis as per Ext.P1 order of
appointment and similar orders stated to have been issued.
Admittedly, appointments are provisional under Rule 9(a)(i) of Part II
of KS & SSR. Petitioners were appointed for a period of one year from
the date of joining duty or till PSC hands report whichever is earlier.
Petitioners contend that there are no qualified hands to be sponsored
by the Employment Exchange and therefore they should be permitted
to continue in service till regular hands were available for duty.
Learned counsel for the petitioners points out that Ext.P4 which is the
communication issued by an Information Officer of the Town
Employment Exchange, Koilandy indicates that there are no qualified
hands in this regard in the registers of the Employment Exchange of
Koilandy.
2. The claim similar to that raised by the petitioners herein came
up for consideration before the Division Bench in Writ Appeal
W.P.(C)No.27413/2007 : 2:
No.434/2002 and connected cases and it was disposed of by Ext.P7
judgment. Part-2 of the directions issued by the Division Bench is
extracted hereunder.
“If candidates who have got their names
registered in the Employment Exchange are
waiting for temporary appointment, they
would also have a right to get appointment as
Livestock Inspector Grade II for a limited
period. Writ Petitioners cannot take away their
rights on the basis of interpetrary judgments
referred to by some of the writ petitioners. We
make it clear in case vacancies are available
and there is necessity of filling up of those
vacancies it is always open to the department
or State Government to fill up those vacancies
with the petitioners if candidates from the
Employment Exchange are available.”
3. The Division Bench found that provisional hands have no right
to claim retainment beyond the period for which they have been
appointed. Now can they claim a right to be retained till regular PSC
hands join for duty. The Division Bench made it clear that if there are
necessities of filling up of those vacancies, it is open to the department
or State Government to fill up those vacancies with the petitioners
therein, if the candidates from the Employment Exchange are not
available. The directions of the Division Bench will apply to the case of
the petitioners also.
Subject to this observation, the writ petition is disposed of.
V.GIRI, JUDGE
css
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W.P.(C)No.27413/2007 : 3:
W.P.(C)No.27413/2007 : 4: