IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 25862 of 2008(D) --------------------------------------- PETITIONERS: --------------------- 1. SARAMMA V. MARKOSE, D/O V.P. MARKOSE, VALIYAMUNDAKATHIL HOUSE, CHENGALAM SOUTH P.O., KOTTAYAM (PEON , OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ETTUMANOOR). 2. SOUDA BEEVI K.A., W/O ABDUL LATHEEF, KOCHU PARAMBIL HOUSE, THEKKEKARA, ERATTUPETTA, KOTTAYAM (PEON , OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PALA). BY ADV. SRI.S.SUBHASH CHAND. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ADMINISTRTIVE ASSISTANT, OFFICE OF THE DEPUTY DIRECTOR (EDUCATION). KOTTAYAM. 3. DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE, KOTTAYAM. BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25862/2008-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 01/03/2008 ISSUED BY R.2. EXT.P.2: COPY OF THE COMMUNICATION DTD. 18/08/208 ISSUED BY R.3. EXT.P.3: COPY OF THE REPRESENTATION DTD. 20/08/2008 SUBMITTED BEFORE RESPONDENT NOS. 1 AND 2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 25862 of 2008 ------------------------------- Dated this the 27th November, 2008. J U D G M E N T Heard Sri.S.Subhash Chand, the learned counsel appearing for the petitioners, and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioners are working as Peons in the office of the Assistant Educational Officer, Ettumannoor, and the District Educational Officer, Pala, respectively. They were appointed under Rule 9(a)(i) of Part II of the K.S.&S.S.R., for a period of 179 days from the date of joining duty or till regular hands recruited by the Kerala Public Service Commission join duty or till the vacancy is filled up by transfer or promotion of a regular hand, whichever is earlier. Ext.P1 is the order issued in that regard on 1.3.2008 by the second respondent. In this writ petition, the petitioners seek continuance in service beyond the term for which they were appointed. They also pray for a writ in the nature of mandamus commanding the first respondent to W.P.(C) No.25862 of 2008 2 consider and pass orders on Ext.P3 representation, wherein they have prayed that their services may not be terminated. 3. The petitioners were admittedly appointed under Rule 9(a)(i) of Part II of the K.S. & S.S.R. The relief which they claim in this writ petition is continuance in service. A Full Bench of this Court has in Radha v. District Medical Officer (2002 (2) KLT 711) held that provisional employees appointed under Rule 9(a)(i) of Part II of K.S. & S.S.R. have no right to continue in service beyond the term for which they were appointed or claim regularisation in service. The 9th proviso to Rule 9(a)(i) of Part II of the K.S. & S.S.R. also does not permit such continuance. Though in certain contingencies, provisional employees can be re-appointed, such re-appointment can only be with the concurrence of the Kerala Public Service Commission and that too, if no qualified hand is available for appointment through the employment exchange. In the instant case, Ext.P1 appointment order itself states that the petitioners' services are terminable at any time without assigning any reason what so ever. W.P.(C) No.25862 of 2008 3 In the light of the authoritative pronouncement of this Court in Radha's case (supra), and the 9th proviso to Rule 9 (a)(i) of Part II of the K.S. & S.S.R., the petitioners cannot seek or be granted the reliefs prayed for by them. The Writ Petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.