IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 9464 of 2011(G) ----------------------------------------- PETITIONER(S): ------------------------- BEENA K, AGED 44 YEARS, D/O.KANNAN NAIR, NARINIRANGIKKUNI HOUSE, PERUVATTOOR PO, KOYILANDI, KOZHIKODE, PIN 673 305. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENT(S): ---------------------------- 1. THE JOINT DIRECTOR,INDUSTRIAL TRAINING DEPARTMENT,P.O. PATTOM, TRIVANDRUM PIN 695 014. 2. THE PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE (ITI), BEPPOOR ,BEPPOOR PO, PIN 673 015. 3. THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE, KOYILANDI PO, KOZHIKODE, PIN 673 620. R1 & R3 BY GOVERNMENT PLEADER SRI. L.G. SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NKO.9464/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER DTD. 4/3/2010 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P2: COPY OF THE REPRESENTATION DTD. 22/03/2011 FILED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 9464 OF 2011 -------------------------------------------- Dated this the 7th day of September, 2011 JUDGMENT The petitioner was appointed as per Ext.P1 as Junior Instructor under Rule 9(a)(i) of Part II of Kerala State & Subordinate Services Rules (for short 'the Rules'). This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the respondents to allow the petitioner to continue in the post of Junior Instructor in the I.T.I of the second respondent till a P.S.C hand joins duty. A scanning of the provisions under Rule 9(a)(i) of Part II of the Rules would reveal that they prohibit continuance of a temporary appointee beyond the period prescribed under the order of appointment. The petitioner did not specifically make out a case that the circumstances permitting re- appointment exist in this case. In the circumstances, the petitioner cannot legally contend and seek for the issuance of a writ of mandamus commanding the respondents to allow her to continue in the post of Junior Instructor till a P.S.C hand joins duty. A writ of mandamus can be issued only when the petitioner is having a legal right and there is a W.P.(C) NO.9464 of 2011 2 corresponding duty on the respondents. In the light of the provisions under Rule 9(a)(i) of Part II of the Rules, it is evident that the petitioner is not having legal right to seek for issuance of a writ of mandamus. In fact, the prayer of the petitioner is against the very scheme under Rule 9(a)(i) of Part II of the Rules. In the said circumstances, this Court cannot issue a writ of mandamus as sought for. There is no merit in the Writ Petition. Accordingly, it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.9464 of 2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.9464 of 2011 4