IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 14042 of 2008(V) -------------------------- PETITIONER: ------------ 1. C.K.SUMESH,LIVESTOCK INSPECTOR GR.II, ICDP SUB CENER,PERALAM, RESIDING AT SUDEEPAM,KARIMALLUR, KANNUR-670521. 2. M.T.PRINCE, LIVESTOCK INSPECTOR GRADE-II,VENTINARY HOSPITAL,PAYAANGADI,RESIDING AT MUNJAPDA HOUSE, KUPLATTIL P.O.,WAYANAD-673592. 3. V.M.ABIDA, LIVESTOCK INSPECTOR GRADE-II, ICDP SUB CENTER,PATHUR,RESIDING AT VALIYAPARAMBIL HOUSE, KANIYAMPETTA P.O. WAYANAD-673 124. 4. S.R.SAJITHA,LIVESTOCK INSPECTOR GRADE-II VETERINARY HOSPITAL,RESIDING AT KONIL VEEDU, VARUKADU,PARANTHODE P.O.,ARYANAD,TRIVANDRUM. 5. S.KRISHNAKUMAR, LIVESTOCK INSPECTOR GRADE-II, VETERINARY HOSPITAL,PAPPINISSERI,RESIDING AT KOTTAKKATTU HOUSE,AZHANA,PATHANAMTHITTA-689645. 6. E.M.NARAYANAN, LIVESTOCK INSPECTOR GRADE-II,ICDP SUB CENTER, KOLLUVALLY,RESIDING AT IRNMAL HOUSE, THRIKKAIPETTA,WAYANAD-673577. 7. SHEENA MOL IYPE, LIVESTOCK INSPECTIOR GRADE-II,ICDP SUB CENTRE,PARA KKUNNU,RESIDING AT KIZHAKKEPARAMBIL, CHANCCAKUZHY P.O.,IDUKKI-685581. 8. BIJITHA BENDICT, LIVESTOCK INSPECTOR GRADE-II,ICDP SUB CENTER,RARNANTHALI, RESIDING AT HOLY FAMILY HOUSE,KUZHAVAMKONAM, KUTTUCHAL P.O.,TRIVANDRUM. WP(C).No. 14042 of 2008 -2- 9. KRISHNA DAS,LIVESTOCK INSPECTOR GRADE-II ICDP SUB CENTER,KANCHIRAKKALLY,RESIDING AT CHANDROTH HOUSE, KUTTIKILLYAD P.O.,KOTTAPPURAM,PALAKKAD-673592. 10. JOBY JOHN, LIVESTOCK INSPECTOR GRADE-II,ICDP SUB CENTER, THERTHALI, RESIDING AT JIBY COTTAGE, NEAR GOVERNMENT HOSPITAL,MALAYAKIL P.O., TRIVANDRUM. 11. P.K.SINDHU, LIVESTOCK INSPECTOR GRADE-II,ICDP SUB CENTER, PULLPARA, RESIDING AT PURAMTHADATHEKKETHIL, PERINGILLPPURAM P.O.,ULUNTHI,PAYYANNUR, CHENGANNUR-689624. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR, DEPARTMENT OF ANIMAL HUSBANDRY, GOVERNMENT SECRETARIAT,TRIVANDRUM. 3. THE DISTRICT ANNUAL HUSBANDRY OFFICER, KANNUR. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).14042/2008 -------------------- Dated this the 30th day of May, 2008 JUDGMENT Petitioners, who are provisional appointees under Rule 9(a)(i) of K.S. & S.S.R occupying the post of Live Stock Inspectors Grade-II, contend that there are no PSC hands currently available. Therefore, they may be permitted to continue in service till the PSC hands report for duty. The contention is that there are no other qualified hands to serve as Live Stock Inspectors Grade-II to replace the petitioners and therefore, there is no reason why the petitioners should be sent out from service. A Division Bench of this Court has considered the similar contention of Live Stock Inspectors Grade-II in W.A.434/2002 and connected cases. Paragraph 2 of the judgment deals with the said contention. If candidates who have got their names registered in the Employment Exchange are waiting for Temporary appointment, W.P.(C).14042/2008 2 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 inter party 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 not available. In the result, writ petition is disposed of declaring that the directions issued by the Division Bench in the aforementioned judgment will be applicable in the case of the petitioners also. V.GIRI, Judge mrcs