IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14955 of 2009(L) -------------------------------------- PETITIONER(S): ---------------------- SUNITHA C.A., FEMALE MATRON GRADE-I, GOVT. OLD AGE HOME, THEVERA, ERNAKULAM, NOW RESIDING AT PERINGODU HOUSE, NETTUR, ERNAKULAM DT. BY ADV. MR.A.MOHAMED MUSTAQUE MR.T.PRAVEEN RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, TRIVANDRUM. 2. THE SUPERINTENDENT, GOVERNMENT OLD AGE HOME, THEVARA, ERNAKULAM. R1 & R2 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.14955 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 1st day of June, 2009 JUDGMENT Heard Sri. A. Mohamed Mustaque, the learned counsel appearing for the petitioner. 2. The petitioner was appointed as Matron Grade-I in the Social Welfare Department on a provisional basis under rule 9(a)(i) of Part –II of the Kerala State and Subordinate Services Rules for a period of 179 days from the date on which she joins duty or till a regular hand joins duty, which ever is earlier, as per Ext.P1 order dated 27-11-2008. The period of 179 days, for which the petitioner was appointed as per Ext.P1, will expire on 9-6-2009. Relying on Ex.P2 letter dated 4-5-1981 sent by the Director of Social Welfare to the Superintendent, Rescue Home, Ernakulam the petitioner contends that as a last grade servant recruited through the Employment Exchange, she is entitled to continue in service till a regular hand joins duty. 3. Ext.P1 discloses that the petitioner was appointed WPC 14955/09 2 for a period of 179 days under rule 9(a)(i) of Part II of the K.S. & S.S.R. A Full Bench of this Court has in Radha V. District Medical Officer (2002(2) KLT 711) held that persons appointed under rule 9(a)(i) have no right to continue in service beyond the term for which they were appointed. In the light of the authoritative pronouncement of this Court in Radha V. District Medical Officer (Supra), the petitioner cannot claim continuance in service beyond the term for which she was appointed. The post of Matron Grade-I is not a post borne in the Kerala Last Grade service. Therefore, Ext.P2 cannot govern the petitioner. For that reason also, the relief prayed for by the petitioner cannot be granted. In the result, the writ petition fails and is dismissed in limine. P.N.RAVINDRAN, JUDGE. mn.