C. LATHA Vs. STATE

JUDGEMENT

(1.) This appeal is preferred against the Judgment of the learned Single Judge dismissing O. P. No. 9468 of 1993 on 20-7-1993. The appellant is the writ petitioner. She was appointed as a Lower Division Typist in the Office of the Municipal Commissioner, Kottayam (second respondent under R.9(a)(i) of the Kerala State and Subordinate Services Rules. She was appointed on 4-2-1993 on a temporary basis on being sponsored by the Employment Exchange, Kottayam. The order of appointment, Ext. P1 dated 4-2-1993, states that the appointment is for a period of 179 days, or till regular appointee takes charge, whichever is earlier. Regular appointment is, of course, through the Public Service Commission. While so, the appellant continued till 179 days and her services came to an end. Subsequently, the authorities, according to the appellant, are proceeding to make another temporary appointment through the Employment Exchange. Strong reliance is placed on the decision of the Supreme Court in State of Haryana v. Piara Singh, 1992 (4) SCC 118 , and in particular Para.46 of the said decision, which reads as follows :

(2.) A Division Beech of this Court had occasion to deal with Piara Singh's case in Reji Joseph v. K. S. E. B. 1993 (1) KLT 393 . It was held that the above decision of the Supreme Court did not apply to the cases governed by the Kerala State and Subordinate Services Rules, wherein there is a special provision to the effect that once the appointment comes to an end at the completion of 179 days, persons so appointed should not be reappointed, but fresh appointments should be made through the Employment Exchange. The above said decision in Reji Joseph's case was followed by us in W. A. No. 1338 of 1992.

(3.) As the matter has again been reargued, we have felt it necessary to give a further detailed Judgment. R.9 of the KS & SSR, in so far as it is material for the purpose of this case reads as follows: