A CHELLAMMAL Vs. MUNICIPAL COMMISSIONER CHANGANACHERRY

JUDGEMENT

(1.) The petitioner was provisionally appointed as a Lady Attender by the second respondent Municipality. She was sponsored by the Employment Exchange. Her appointment was for a period of 89 days. After the expiry of that period she was again appointed on 30-1-1981 after a day's break. With similar breaks in service for one day she was again appointed for further periods of 88 days. While she was continuing as such she came to know of the order of the Commissioner terminating her services. Before that order was served on her she has approached this court with the prayer to allow her to continue in the service.

(2.) On behalf of the 4t4 respondent a detailed counter affidavit has been filed stating that all the new appointments in the regular establishment in Municipalities, Corporations and Panchayats (excluding those in the Contingent and Work Establishment) have to be made only on the advice of the Public Service Commission and that no vacancy in the post of attender in the Municipalities and Corporations has been reported to the Commission and that the petitioner has no right to hold on to the post held by her.

(3.) State has filed a C.M.P. 6628/82 praying for treating the counter affidavit filed by them in O.P. 3375/81 as a counter to this petition as well. In the counter filed in O.P. 3375/81 it is averred that recruitment to regular posts in Municipal Services and Panchayat Services are entrusted with the Kerala Public Service Commission as per the Kerala Public Service Commission (Additional functions as respect the services under the Local Authorities) Act, 1973 (hereinafter referred to as Additional Functions Act), that the Government have brought that Act into force with effect from 1-4-1978, that the authority competent to make regular appointments is the Director of Municipal Administration, that there is no ready select list of candidates prepared by the Public Service Commission, that till candidates selected by the P.S.C. are available for regular appointment provisional appointments are resorted to through Employment Exchange for a period not exceeding 90 days, that such provisional appointees cannot claim any right to the post or defeat the claims of the P.S.C. recruits, that the provisional employees are now allowed to continue up to 180 days and that the provisions of the Industrial Disputes Act 1947 have no application to the petitioner.