IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 14002 of 2011(A) ------------------------- PETITIONER : --------------------- E.ASHRAF, AGED 45, S/O.IBRAHIM KUTTY KUZHIKADAVIL HOUSE, (NEAR) UNION CHRISTIAN COLLEGE ALUVA. BY ADVS. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SMT.M.A.RUXANA RESPONDENT : ----------------------- KARUMALOOR GRAMA PANCHAYATH, KARUMALOOR, ALUVA PIN 683 511, REPRESENTED BY SECRETARY (SPECIAL GRADE) BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.14002 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2011 J U D G M E N T The petitioner is a temporary Jeep Driver who was working in the respondent Panchayat on daily wages. The petitioner's grievance in this writ petition is that, on account of change of guard in the Panchayat, the petitioner is sought to be thrown out and another person of the choice of the ruling party of the panchayat is sought to be appointed. The petitioner therefore seeks the following reliefs: “i. Call for records connecting Exts.P-1 and 2 from the respondent concerned; ii. Call for Ext.P-2 from the respondent and issue writ of certiorari to quash the same; iii. Issue writ of mandamus directing the respondent to allow the petitioner to serve as Jeep driver till regular hand joins duty” 2. Ext.P1 is the appointment order issued to the petitioner wherein it is stated that a notice inviting applications has been published but only one application, W.P.(C)No.14002 of 2011 -2- that of the petitioner, was received and so he was appointed as temporary driver. Ext.P2 is the communication issued to the petitioner from the Secretary of the Panchayat wherein it has been informed that the Panchayat has decided to terminate the petitioner's service and to appoint another person. 3. I have considered the contentions of the petitioner. 4. On 25.05.2011, I directed the petitioner to produce proof that in the selection in which the petitioner was appointed, a proper notification inviting applications was published in the newspapers. The counsel for the petitioner today submits that, no such notification was published in the newspapers. 5. It is settled law that the employment in a Panchayat is public employment. Whether any such employment is temporary or permanent, appointments can only be after giving all eligible persons a chance to participate in a selection process to be conducted by the W.P.(C)No.14002 of 2011 -3- panchayat. The first requirement of a transparent selection process is publication of a notification inviting applications appropriately. According to me, such a notification inviting applications should be published in at least one newspaper having circulation in the locality of the Panchayat. When petitioner himself admits that no such notification inviting applications has been published in any newspapers, I do not think that the petitioner has a right to continue in the employment either temporarily or permanently. But at the same time, the Panchayat cannot at their will and pleasure appoint persons, even if it is in temporary employment, without conducting a selection process as mentioned above. Therefore, I make it clear that any appointment of temporary Jeep Driver or for that matter any other temporary employment in the respondent Panchayat shall only be after issuing a notification inviting applications in at least one newspaper and conducting a selection process in which all eligible persons who apply are given a chance to take part. If the petitioner applies, the petitioner shall also W.P.(C)No.14002 of 2011 -4- be considered appropriately. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/