IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24888 of 2011(I) ---------------------------------------- PETITIONER(S): ------------------------- P.MANOHARAN, DAILY RATED DRIVER, DISTRICT PANCHAYATH OFFICE, RESIDING AT POLA HOUSE, PAPPINISSERY L.P.SCHOOL, NEAR R.C.CHURCH, KANNUR-670 561. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. PRESIDENT, DISTRICT PANCHAYATH OFFICE, OFFICE OF THE DISTRICT PANCHAYATH, KANNUR-670 002. 3. THE KANNUR DISTRICT PANCHAYATH, OFFICE OF THE DISTRICT PANCHAYATH, REP. BY ITS SECRETARY-670 002. R1 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24888/2011 I APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 TRUE COPY OF THE U.O. NOTE. EXT.P2 TRUE COPY OF THE RESOLUTION. EXT.P3 TRUE COPY OF THE LETTER DATED 2/6/2009. EXT.P4 TRUE COPY OF THE DETAILS ALONG WITH THE COVERING LETTER. EXT.P5 TRUE COPY OF THE GOVERNEMENT ORDER NO.E3/9009/2009 (WITHOUT LIST OF PERSONS) DATED 1/7/2010. EXT.P6 TRUE COPY OF THE JUDGEMENT IN WPC.19501/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 24888 OF 2011 ----------------------------------------------------------- Dated this the 20th September, 2011. JUDGMENT The petitioner has filed this writ petition complaining of inaction on the part of the first respondent in regularising his service. He has been working as a driver in the service of the Kannur District Panchayath, from 1-3-1997 onwards and he has continuous and uninterrupted service as a daily rated worker for the last sixteen years. According to the petitioner, there are three sanctioned posts of drivers in the service of the Panchayath and presently one post is vacant. Considering the long service of the petitioner, the Panchayath has passed a resolution evidenced herein by Ext.P2 on 11-5-2009 resolving to regularise the service of the petitioner. 2. The resolution has been adopted considering the fact that the petitioner satisfies all the conditions stipulated by Ext.P1. The resolution Ext.P2 has also been forwarded to the first respondent as per Ext.P3. As per Ext.P4 certain additional information was sought for by the first respondent which was also furnished. In WPC 24888/2011 2 spite of the above, no orders have been passed, regularising the services of the petitioner. My attention has been drawn to Ext.P5 proceedings issued by the first respondent in the case of a similarly placed employee. Ext.P6 judgment is also relied upon by the counsel for the petitioner to support his argument that appropriate directions are required to be issued for expediting the regularisation proceedings in respect of the petitioner's service. 3. Heard the learned Govt. Pleader also. 4. It is not in dispute that the petitioner satisfies all the four criteria stipulated by Ext.P1. It is in view of the above that Ext.P2 resolution has been passed by the Panchayath and forwarded as per Ext.P3 and pursued as per Ext.P4. However, no reason is forthcoming as to why appropriate orders regularising the services of the petitioner have not been issued till date. In similar circumstances this Court has already passed Ext. P6 judgment directing the authorities to take a decision in the matter without delay. I do not see any reason why similar relief should not be granted to the petitioner also. 5. In the above circumstances this writ petition is disposed of directing the first respondent to take appropriate action on the recommendation received from the third respondent No: C1- WPC 24888/2011 3 3418/07 dated 2-6-2009 evidenced herein by Ext.P3 and the resolution Ext.P2 and to pass appropriate orders thereon in accordance with law, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj WPC 24888/2011 4