Kerala High Court
Deepthi V.V., Staff Nurse, Taluk ... vs State Of Kerala Represented By Its ... on 8 July, 2002
Author: K. Thankappan
Bench: K. Thankappan
JUDGMENT Cyriac Joseph, J.
1. This appeal is filed against the judgment in O.P. No. 18043/2002 which was dismissed by the learned Single Judge holding that the appellants who are provisionally appointed Staff Nurses, have no right to continue in service beyond the period of appointment or to be absorbed in regular service. The right of persons like the appellants for absorption in service and continuance in service beyond the period of appointment was considered by this court in Writ Appeal No. 294/2002 and the following general directions have been issued to enable the Government to follow a uniform policy in the matter.
i) In the normal course, the services of Staff Nurses provisionally appointed under Rule 9(a)(i) of the KS & SSR are liable to be terminated on expiry of the period of appointment or when the candidates recruited by Public Service Commission join duty, whichever is earlier;
ii) In the case of candidates who have executed bonds obliging them to serve the Government, and in the absence of P.S.C. recruits, their appointment shall be renewed after every year on the same terms and conditions so that they can serve the Government for a maximum period of five years. But on expiry of the period of five years, their services shall be terminated. The provisional service will not confer on them any right for regularisation in service or for continuance in service beyond the period of appointment.
iii) If candidates recruited by the Public Service Commission become available at any time before the expiry of the period of five years, the services of the provisional appointees will be liable to be terminated to give place to the candidates recruited by the Public Service Commission.
iv) The services of provisional appointees who have already completed the period of five years shall be terminated forthwith, notwithstanding any stay order or direction issued by the High Court in such cases.
v) On termination of the services of provisionally appointed Staff Nurses on expiry of the period of five years, the resultant vacancies shall be filled up by candidates who have executed bonds with the Government and are awaiting appointment provided that candidates recruited by the Public Service Commission are not available.
vi) After appointing candidates who have executed bonds and are awaiting appointment, if vacancies exist, they may be filled up by candidates sponsored by the Employment Exchange.
The right of the appellants to continue in service will be governed by the above directions. Respondents 1 and 2 are free to pass appropriate orders in the case of the appellants in the light of the above mentioned directions.
2. The appeal is disposed of in the above terms.