BEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed on the post of Research Assistant in the district Planning Office, Alleppey by order dated 16-12-1986. The said appointment was purely provisional in nature under Rule 9 (a) (f) of the General rules of the Kerala State and Subordinate Services Rules, 1958. In the letter of appointment, it was stated that the appointment will be terminated on completion of 180 days or when Public Service Commission nominees join duty whichever is earlier without prior notice. In pursuance of the said appointment letter, the petitioner joined duty on 22-12-1986. Before the expiry of 180 days, she approached this Court by this writ petition and obtained an interim order staying termination of her services. From the counter-affidavit that has been filed on behalf of the State, it appears that during the pendency of the writ petition regular selection has been made by the Public Service Commission but the persons selected could not be posted in view of the interim order passed by this Court. In view of the fact that regular selection has been made by the Public service Commission for the post on which the petitioner was appointed on provisional basis, the petitioner cannot claim any right to hold the post. The writ petition is, therefore, dismissed and the interim order passed by this Court is vacated. It is left open to the petitioner to approach the State Government, if she is so advised, to seek any remedy available to her. If any request is made by the petitioner, the State Government may consider that request and dispose of the same according to law. There shall be no order as to costs.