IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 34995 of 2008(N) -------------------------- PETITIONER(S): --------------- 1. K.V.DEEPA, KUZHIKANNIYIL HOUSE, KOOTHATTUKULAM P.O., CHORAKUZHI, ERNAKULAM. 2. SMITHA RAMAN, VELLAKKATTU HOUSE, VARAPETTY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS RESPONDENT(S): --------------- 1. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.34995 of 2008 ------------------------------- Dated this the 27th November, 2008. J U D G M E N T The petitioners are Junior Public Health Nurses appointed as per Ext.P1 order dated 17.6.2008 under Rule 9(a)(i) of Part II of the K.S. & S.S.R., for periods ranging from 5 to 6 months. The term for which they were appointed as per Ext.P1 is to expire shortly. The petitioners submit that seeking continuance in service till regular hands are recruited, they have filed Exts.P2 and P3 representations before the first respondent. In this writ petition, the petitioners pray for a writ in the nature of mandamus commanding the first respondent to consider Exts.P2 and P3 representations and pass orders thereon, after affording them an opportunity of being heard. Alternatively, they also seek a writ in the nature of mandamus commanding the W.P.(C) No.34995 of 2008 2 respondents to retain them in service till regular hands recruited through the Kerala Public Service Commission join duty. 2. Ext.P1 discloses that the petitioners were appointed under Rule 9(a)(i) of Part II of the K.S. & S.S.R. The 9th proviso to Rule 9(a)(i) of Part II of the K.S. & S.S.R. prohibits their continuance in service beyond the term for which they were appointed. Even re-employment of provisional employees whose services are terminated can be made only with the concurrence of the Kerala Public Service Commission, and that too, if employment exchange hands are not available for appointment. Further, the 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) of Part II of the K.S. & S.S.R. have no right to continue in service beyond the term for which they were appointed and that they also have no right to be regularised in service. The petitioners cannot, in view of the 9th proviso to Rule 9(a)(i) of Part II of the K.S. & S.S.R. and the decision of the Full Bench of this Court in Radha v. District W.P.(C) No.34995 of 2008 3 Medical Officer (supra), claim or be granted any of the reliefs prayed for by them. The Writ Petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.