IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 24019 of 2009(V) -------------------------- PETITIONER(S): --------------- M.ABDUL NAZAR, AGED 42 YEARS,MOOSAKUTTIYEDATH HOUSE, MULLAPALLI ROAD,P.O.CHALIYAM,KOZHIKODE DISTRICT. (VILLAGE EXTENSION OFFICER GRADE-II ON PROVISIONAL BASIS,KARUVANTHURUTHI CIRCLE,FEROKE PANCHAYAT, KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO RURAL DEVELOPMENT DEPARTMENT,THIRUVANANTHAPURAM. 2. THE ASSISTANT DEVELOPMENT COMMISSIONER (GL),KOZHIKODE. 3. THE BLOCK DEVELOPMENT OFFICER, KOZHIKODE. BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24019 OF 2009 -------------------------- Dated this the 21st day of August, 2009 J U D G M E N T Heard Sri. Sunil V.Mohammed, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, a person with disability, was appointed as Village Extension Officer, Grade II on a temporary basis in the Rural Development Department in Kozhikode District under Rule 9 (a)(i) of Part II of the KS&SSR for a period of 179 days or till a regular appointment is made through the Kerala Public Service Commission, whichever is earlier. Ext.P4 is the order of appointment. Pursuant to Ext.P3, the petitioner joined duty on 4.3.2009. The period of 179 days for which the petitioner was appointed is to expire by the end of this month. In this writ petition, the petitioner contends that as the Kerala Public Service Commission has initiated steps to make regular appointment and a short list has also been published, he may be permitted to continue in service on the same terms and conditions as set out in Ext.P3, till W.P.(C) No. 24019/09 2 a regular hand joins duty. 3. Ext.P3 discloses that the petitioner was appointed under Rule 9(a)(i) of Part II of the KS&SSR on a temporary basis for a period of 179 days or till regular appointment is made through the Kerala Public Service Commission, whichever is earlier. On the terms of the order of appointment, the petitioner has no right to insist that he should be retained in service till a candidate recommended by the Kerala Public Service Commission joins duty. A Full Bench of this Court has in Radha v. District Medical Officer (2002 (2) KLT 711 (F.B) held that persons appointed under Rule 9(a)(i) of Part II of the KS&SSR have no right to continue in service beyond the term for which they are appointed. In the absence of any legal right in the petitioner to remain in service beyond the term for which he was appointed, I am of the opinion that the relief prayed for in this writ petition cannot be granted. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 24019/09 3