IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 14161 of 2009(M) -------------------------------------- PETITIONER(S): ---------------------- 1. SANDYA. S., THOTTATHIL HOUSE, MUTHA VAZHI, PANDANADU P.O. CHENGANNUR. 2. MINI B.NAIR MINI BHAVAN, PULIYOOR P.O. CHENGANNUR. 3. NISHA RAJAN, THEKKEPARAMPIL HOUSE, ERAVANKARA, KUNNAM.P.O., MAVELIKARA 690 108. 4. SIDDIQUE.A, PALLIVATHUKKAL, THEKKEMURI, VALLIKUNNAM P.O. MAVELIKARA. BY ADV. MR.K.SASIKUMAR MR.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT ANIMAL HUSBANDRY OFFICER, DISTRICT ANIMAL HUSBANDRY OFFICE, ALLAPPUZHA. R1 & R2 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 14161 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of May, 2009 JUDGMENT The petitioners are provisional employees appointed under Rule 9(a) (i) of Part II of the Kerala State and Subordinate Services Rules for a period of one year from the date on which they join duty or till regular hands recruited by Kerala Public Service Commission join duty, whichever is earlier. Their appointment as Livestock Inspectors will expire shortly. In this writ petition the petitioners seek continuance in service till regular hands recruited by the Kerala Public Service Commission join duty. They contend that Kerala Public Service Commission has initiated steps to recruit Livestock Inspectors, that the recruitment process will take some more time and therefore, they may be permitted to continue in service till candidates advised by the Kerala Public Service Commission join duty. The petitioners rely on the decisions of the Apex Court in Narayani & others V. State of Kerala & others (1984 KLT 17) and Sasankan & others V. State of Kerala & others WPC 14161/09 2 (1987(2) KLT 347) in support of their contention. 2. It is not in dispute that the petitioners were appointed under Rule 9(a)(i) of Part II of the K.S. & S.S.R. Ext. P1, the order of appointment specifically recites that the petitioners are appointed for a period of one year from the date on which they join duty or till regular hands recruited by Kerala Public Service Commission join duty, whichever is earlier. A Full Bench of this Court interpreting Rule 9(a) (i) of Part II of the K.S. & S.S.R. has held that provisional employees appointed under Rule 9(a)(i) of Part II of the K.S. & S.S.R. have no right to continue in service beyond the term for which they are appointed. It was also held that the mere fact that regular hands are not available for appointment does not confer on them any right to continue in service beyond the term for which they are appointed. Ext.P1 order of appointment specifically recites that the appointment is for a period of one year or till the candidates selected by the Kerala Public Service Commission join duty, whichever is earlier. On the terms WPC 14161/09 3 of the order appointing them, the petitioners have no right to continue in service beyond the period of one year . Merely for the reason that the recruitment process initiated by the Kerala Public Service Commission has not been concluded so far, the petitioners cannot continue in service. In my opinion, the point raised by the petitioners is covered against them by the decision of the Full Bench of this Court in Radha V. District Medical Officer (2000 (2) KLT 711. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.