IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16955 of 2009(L) -------------------------- PETITIONER: --------------- DHANESHKAR.C,KUZHIPARAMBIL, THRICHATTUKULAM.P.O,CHERTHALA,(JUNIOR INSTRUCTOR I.T.I.CHANGANNUR). BY ADV. SRI.N.MURALEEDHARAN NAIR SMT.K.HYMAVATHY RESPONDENTS: --------------- 1. THE JOINT DIRECTOR,DEPARTMENT OF INDUSTRIAL TRAINING,THYCAUD,TRIVANDRUM. 2. PRINCIPAL,I.T.I,CHANGANNUR. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.16955 of 2009-L ------------------------------ Dated this the 19th day of June, 2009. J U D G M E N T The petitioner was appointed as Junior Instructor for a period of one year on a provisional basis under Rule 9(a) (i) of Part II of the KS & SSR in the Industrial Training Department, by Ext.P3 order dated 23.6.2008. The petitioner joined duty on 4.7.2008. The period of one year for which he was appointed will expire on 3.7.2009. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the respondents to permit him to continue in service till a regular hand recruited through the Kerala Public Service Commission, joins duty. A Full Bench of this Court has in Radha V. District Medical Officer (2002(2) KLT 711) held that employees appointed on a provisional basis have no right to continue in service beyond the term for which they are appointed. The order of appointment also states that the appointment is for a period of one year or till a regular hand recruited by the Kerala Public Service Commission joins duty, which ever is earlier. W.P(C) No.16955 of 2009-L 2 Therefore, on the terms of the order of appointment and also in view of the authoritative pronouncement of this Court in Radha V. District Medical Officer (supra), the petitioner cannot claim any right to continue in service beyond the period of one year. The relief sought by the petitioner cannot therefore be granted. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge ab