IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 2406 of 2008(J) ----------------------------------------- PETITIONER: -------------------- P.SHERIF, ADVOCATE, PULATHARAKKAL, CHERPALCHERY POST, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SMT.PRIYA VIJAYAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. THE DIRECTOR GENERAL OF PROSECUTIONS, ADVOCATE GENERAL'S OFFICE, HIGH COURT OF KERALA, ERNAKULAM. BY GP SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 2406 of 2008 -------------------------- Dated this the 21st January, 2008 J U D G M E N T The petitioner was appointed as Assistant Public Prosecutor Gr.II on a provisional basis in the Judicial First Class Magistrate Court, Mannarkad, as evidenced by Exhibit P1. The provisional appointment was for a period of six months from 7.6.2006 to 14.12.2006. Apparently, a regular hand advised by the Public Service Commission joined duty but was later transferred from Mannarkad, according to the petitioner. Now the post of Assistant Public Prosecutor is lying vacant. He has filed Exhibit P2 representation before the District Collector seeking re- engagement till a permanent hand joins duty after completion of training. Having perused the averments in the writ petition and after having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the view that it is upto the District Collector to take a decision in this regard. If the petitioner approaches the District Collector - the 2nd respondent, W.P ( C) No. 2406 of 2008 2 he shall look into his request and take a decision as to whether any person must be posted in the Judicial First Class Magistrate Court, Mannarkad on a provisional basis. Subject to this right of the petitioner, the writ petition is disposed of. (V.GIRI, JUDGE) ma W.P ( C) No. 2406 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007