G JAIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, a post graduate with M. D. in Bio chemistry, was appointed as a Lecturer on provisional basis, following a notification issued by the Principal of the Government Medical College, Kozhikode as available in the files. That notification was, obviously, one to provide immediate stop gap appointments awaiting recruitment of regular hands through the Public Service Commission or provisional hands through the Employment Exchange. He joined duty with effect from the forenoon of 17/12/1996. Ext. R3 (a) shows that his appointment as a provisional Lecturer is liable to be terminated as soon as PSC/employment hand joins duty, whichever is earlier and his service was also liable to be terminated at any time without notice. By Ext. R3 (b) proceedings, at his request, his service was terminated with effect from the afternoon of 31/07/1997. In that document it is recorded that the petitioner was working as provisional Lecturer (on contract basis ). He then joined BARC under the Government of India.

(2.) AFTER the petitioner left on 31/07/1997, the Government issued Ext. P1 Government Order dated 16/06/2000 with effect from 01/01/1996. By that Government Order, revision of scales of pay and allowances of the teaching staff of Medical, Dental and Pharmaceutical Science Colleges in the State was brought in with effect from 01/01/1996 as shown in the Annexure to that order and the employment of the petitioner, as noted above, was during the period after 01/01/1996.

(3.) BEFORE considering the terms of Ext. P1 Government Order, the quality of appointment of the petitioner needs to be determined. R. 9a of Part II of the General Rules provides for appointment by agreements. The petitioners appointment is not one such. Where it is necessary in the public interest, owing to an emergency which has arisen, to fill immediately a vacancy and there would be undue delay in making such appointment in accordance with the General Rules and Special Rules, the appointing authority may make temporary appointments in terms of R. 9 of the General Rules. R. 9 (a) (ii) of the General Rules can be resorted to in case of short vacancies, in the contingencies contemplated therein. R. 9 (a) (iii) provides that a person appointed under clause (i) shall be replaced as soon as possible by a member of the service or an approved candidate qualified to hold the post under the Special Rules. The proviso to that clause enjoins that replacement of persons appointed under clause (i) shall be in the order of seniority based on length of temporary service in the unit. The appointment of the petitioner is, therefore, essentially under clause (i) of R. 9 (a) of the General Rules.