IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35543 of 2008(F) -------------------------- PETITIONER(S): ----------------- 1. ABDUL REHIMAN H.K., EDATHARA HOUSE, KANJIRAPPARA P.O., CHANGANASSERY, KOTTAYAM DISTRICT. 2. LALU P.G., PALAKKUZHI HOUSE, CHAMAMPATHAL P.O., VEZHOOR, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SMT.P.DEEPTHI RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 35543 of 2008 ====================================== Dated this the 4th day of December 2008 JUDGMENT Heard Smt.Deepthi, the learned counsel appearing for the petitioners. 2. The petitioners are presently working as Drivers in the Medical College Hospital at Kottayam. They were appointed as Drivers under Rule 9 (a) (i) of Part II of the KS&SSR by Ext.P1 order dated 9.5.2008 issued by the second respondent for a period of six months or till regular hands join duty, whichever is earlier. The term for which the petitioners were appointed has expired. Claiming continuance in service till regular hands recruited by the Kerala Public Service Commission join duty, they moved Ext.P2 representation dated 26.112008 before the second respondent. This Writ Petition was thereafter filed on 1.12.2008 seeking a writ in the nature of mandamus commanding the second respondent to retain them in service till regular hands join duty. In the alternative, the petitioners pray for a direction to the second respondent to consider and pass appropriate orders on Ext.P2. 3. The petitioners were admittedly appointed under Rule 9 (a) (i) of Part II of the KS&SSR. The appointment order itself states that they are appointed on provisional basis for a period of 179 days or till regular hands join duty whichever is earlier. The Full W.P.(C)No.35543/2008 2 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) have no right to continue in service beyond the term for which they are appointed and they also have no right to be regularised in service. The 9th proviso to Rule 9(a)(i) of Part II of the KS&SSR also prohibits such continuance. Though re- employment of the provisional employees is permissible, such re- employment can be made only with the prior concurrence of the Kerala Public Service Commission and that too if no other candidate is available for appointment through the Employment Exchanges. Such being the situation, the reliefs prayed for by the petitioners cannot be granted. The Writ Petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE css/