IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38289 of 2010(I) -------------------------------------- PETITIONER(S): ----------------------- C.A.SATHIAN, AGED 47 YEARS, S/O.AYYAPPAKUTTY, JEEP DRIVER, VARANDARAPPILLY GRAMA PANCHAYATH (SPECIAL GRADE), VARANDARAPPILLY P.O., THRISSUR DISTRICT, PIN-680 303, RESIDING AT CHEMMANDAPARAMBIL HOUSE, P.O.VELUPADAM, THRISSUR DISTRICT, PIN-680 303. BY ADVS. SRI.P.T.DINESH SRI.RANJITH XAVIER RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. VARANDARAPPILLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VARANDARAPPILLY GRAMA PANCHAYATH (SPECIAL GRADE), VARANDARAPPILLY P.O., THRISSUR DISTRICT, PIN-680 303. R1 & R2 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.38289 OF 2010 --------------------------------------- Dated this the 23rd day of December, 2010 JUDGMENT The petitioner is a driver appointed on daily wages in the third respondent Panchayat. According to the petitioner, there is no permanent post of driver in the Panchayat and therefore, the Panchayat is engaging a driver on daily wage basis. He would therefore submit that it is unjust and illegal to terminate his service to engage another person on daily wage basis. According to the petitioner, he was selected after a selection process and therefore, except for accommodating a regular hand after sanctioning of the post of driver in the Panchayat the petitioner's service cannot be terminated, which is proposed by the Panchayat. The petitioner, therefore, seeks the following reliefs: “(i) Declare that the petitioner's service cannot be terminated from the post of Jeep Driver on daily wage basis by the respondents based on Ext.P7 Government Order or based on the change of governing council of the 3rd respondent Grama Panchayath in the recent election. (ii) Declare that Ext.P7 Government Order is not applicable in the case of the petitioner. (iii) Declare that petitioner is appointed as Jeep Driver on daily wage basis by the 3rd respondent through a duly W.P.(C)No.38289/10 2 conducted selection process known to law. (iv) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to terminate the service of the petitioner on the basis of Ext.P7 or on the basis of the change of governing council of the 3rd respondent Grama Panchayath in the recent election until a regular hand is appointed after sanction of the post of Driver and selection by the Kerala Public Service Commission or the 3rd respondent Panchayath continues to require the service of drivers.” 2. Employment to the post of driver in a Panchayat even if temporary is a public employment. All eligible persons are entitled to be given an opportunity to compete for appointment to that post. Therefore, for such public appointment a selection process known to law is mandatory, failing which the same would violate the fundamental rights of those eligible persons under Articles 14 and 16 of the Constitution of India. I am unable to accept Ext.P1(a) as a proper selection process, in so far as that notice has been admittedly published only in the Notice Board of the Panchayat and other Government Offices. I do not think that, that would be sufficient publication of the notice inviting applications, in so far as one cannot except the eligible persons to visit those offices daily to be informed about such a notice. Therefore, W.P.(C)No.38289/10 3 properly the notification should have been published in one of the newspapers having circulation in the locality. In so far as that has not been done, the same cannot be accepted as a selection process. That being so, the petitioner cannot hope to continue the present daily wage employment. The Panchayat is bound to engage further persons after a selection process known to law namely, by publication of the notice in newspapers and considering all applicants in accordance with their merit. The same having not been done while appointing the petitioner, I am not inclined to entertain this writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.38289/10 4 W.P.(C)No.38289/10 5