RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Same questions arise for consideration in these Original Petitions. Therefore I consider it advantageous to deal with them in this common judgment.

(2.) O.P.No. 503/1988 is filed by five petitioners. They were originally appointed as Electrical Helpers in the Electrical Wing of the Public Works Department on a provisional basis through Employment Exchange. They joined duty in August and September, 1982. On 4-3-1983 their services were terminated. They were re-appointed provisionally in the same post by Ext. P1 order dated 27-6-1983. Pursuant to that order they joined duty in June and July 1983. They are continuing in the service. While so, the Government issued Circular No. 11651/ SCI/87/P & ARD dated 19-10-1987. By that Circular direction was given to all Heads of Departments and Appointing Authorities to deal with the case of provisional appointed in accordance with Rules. Consequently the services of the petitioners are sought to be terminated. Hence this Original Petition.

(3.) The main argument advanced by the petitioners is that they are entitled to the benefits given to 'the provisional employees by the decision in Narayani A Ors v. State of Kerala and Others ( 1984 KLT 17 ). In the light of that decision, it is contended, they should be allowed to continue in service till candidates advised by the Public Service Commission report for duty.