IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 17000 of 2005(W) --------------------------------------- PETITIONER: ------------------- A. SAJITHA, LIBRARY ASSISTANT (CONTRACT), DEPARTMENT OF SANSKRIT, KARIAVATTOM, RESIDING AT UDAYA MANDIRAM, THOPPUMUKKU, KODUNGANNOOR P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENTS: ------------------------ 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR UNIVERSITY OFFICE, THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, UNIVERSITY OFFICE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADDL.4. BINOY. K.R., BEENA BHAVAN, KARIPPOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695541. 5. SUMA. P.B., VRWA C-26A, VAYALKKADE, VATTIYOORKAVU, THIRUVANANTHAPURAM. 6. ARUN KUMAR. V .R., THOTTATHIL PADINJATTATHIL, AMPALATHUMKALA P.O., EZHUKONE, KOLLAM-691 505. 7. SIMI SAVADAS.L., RANJINI, NLRA-74, NEERAZHI LANE, ULLOOR, MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM-11. 8. RANJITH.V.R., RAJI & RANJITH BHAVAN, VILAPPILSALA P.O., THIRUVANANTHAPURAM-695573. (ADDL.RESPONDENTS 4 TO 8 ARE IMPLEADED VIDE ORDER DATED 11/8/2006 IN IA NO.10562/2006) R3 BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 & R2 SRI.G.SASIDHARAN CHEMPAZHANTHIYIL FOR ADDL.R4 TO R8 SRI.S.VISHNU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17000 OF 2005-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT DT.2.7.2003 EXT.P2 TRUE COPY OF THE REPRESENTATION DTD.24.1.2005 BEFORE THE VICE CHANCELLOR OF THE UNIVERSITY EXT.P3 TRUE COPY OF THE REPLY DATED 7.3.2005 ISSUED BY THE REGISTRAR EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 1.3.2008 EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 26.6.2008 RESPONDENTS' EXHIBITS: EXT.R4(1) TRUE COPY OF THE AGREEMENT EXECUTED BY THE WRIT PETITIONER WITH THE UNIVERSITY EXT.R4(2) TRUE COPY OF THE RANK LIST PUBLISHED ON 23.12.2005 EXT.R4(3) TRUE COPY OF THE LETTER NO.F4M/232/06 DATED 4.5.2006 ISSUED BY THE UNIVERSITY LIBRARIAN TO THE REGISTRAR, UNIVERSITY OF KERALA EXT.R4(4) TRUE COPY OF THE LETTER NO.PRO/PIO/RT1/30/2006 DATED 7.8.2006 ISSUED BY THE PUBLIC INFORMATION OFFICER, UNIVERSITY OF KERALA THIRUVANANTHAPURAM EXT.R4(5) TRUE COPY OF THE LETTER NO.F4M/232/06 DATED 4.5.2006 ISSUED BY THE UNIVERSITY LIBRARIAN TO THE REGISTRAR, UNIVERSITY OF KERALA EXT.R4(6) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT DATED 7.6.2005 EXT.R4(7) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT DATED 20.10.2005 / TRUE COPY / HARUN-UL-RASHID, J. ------------------------------------------- W.P.(C) No.17000 of 2005-W ------------------------------------------ Dated, this the 19th day of February, 2009 JUDGMENT The petitioner applied for the regular post of Library Assistant notified by the University. The rank list was published in the year 1996. Petitioner is rank No.50 out of the 72 rank holders. The rank list expired on 5.11.2003. The petitioner did not get appointment. The University proceeded with the selection of candidates again inviting applications after the expiry of the rank list. A second rank list was prepared based on the selection made, on 23.12.2005. The petitioner was appointed as Library Assistant on contract basis in the available vacancy and she is continuing so. Petitioner seeks regularisation of her service with effect from the date of her appointment on contract basis and she also sought for a declaration that the she is entitled to be regularised in service. 2. On the above stated facts which would go to show that the rank list expired on 5.11.2003 and a second rank list was published on 23.12.2005 on the basis of selection from among the applied candidates, the petitioner is not entitled to any relief sought for in this writ petition. Therefore, the writ petition fails and it is accordingly dismissed. W.P.(C) No.17000 of 2005 2 3. The learned counsel for the petitioner submits that the University did not disburse the salary due to her for the period she worked. In the circumstances, there will be a direction to the University to disburse the salary and other allowances, if any not paid to the petitioner during the contract service, within a period of two months from today. HARUN-UL-RASHID, JUDGE vns