IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 33161 of 2008(W) ---------------------------------------- PETITIONER: ------------------- ANU PAPPACHAN, AGED 29 YEARS, D/O.SHRI.PAPPACHAN, RESIDING AT THEKKEVILA PUTHENVEEDU, MULAVAN P.O.,KUNDRA,KOLLAM DISTRICT, PIN 691 503. BY ADV. SMT.P.SHYNI. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR, EMPLOYMENT AND TRAINING,THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR, EMPLOYMENT AND TRAINING,THIRUVANANTHAPURAM. 4. THE PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE FOR WOMEN, KOLLAM. BY GOVT. PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, ALONG WITH W.P.(C). NO. 33203/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------- W.P.(C.) Nos.33161 & 33203 of 2008 --------------------------------- Dated, this the 11th day of November, 2008 J U D G M E N T The petitioner in WP(C) No.33161/2008 is working as Junior Instructor in the trade of Computer Operator and Programming Assistant and the petitioner in WP(C) No.33203/2008 is working as Junior Instructor in the Trade of Network Technician, in the Industrial Training Institute for Women, Kollam. The petitioner in WP(C) No.33203/2008 is a person with disability. They were appointed in their respective posts under Rule 9(a)(i) of Part-II of the Kerala State and Subordinate Service Rules, for a period of one year or till regular hands recruited through the Kerala Public Service Commission join duty, whichever is earlier. In these writ petitions, the petitioners pray that as no ranked list published by the Commission is in existence and as their services are required, the respondents may be directed to retain them in service till regular hands join duty. WP(C) No.33616 & 33203/2008 -2- 2. A Full Bench of this Court has in Radha Vs. 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. The 9th proviso to Rule 9(a)(i) of Part-II, KS & SSR also prohibits such continuance. In the light of the authoritative pronouncement of the Full Bench of this Court, and the statutory provisions contained in the KS & SSR, the reliefs prayed for by the petitioners in these writ petitions cannot be granted. The writ petitions accordingly fail and are dismissed. (P.N.RAVINDRAN, JUDGE) jg