IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 14690 of 2011(I) ---------------------------------------- PETITIONER(S): ------------------------ 1. M.V. SUKUMARAN, S/O.VELAYUDHAN, AGED 49 YEARS, MANNAYANKATTUPURA, KOTHAMANGALAM, KUTHANNUR P.O., PALAKKAD DISTRICT, PIN-678 721. 2. K. MURALI, S/O.KUMARAN, AGED 37 YEARS, VAZHAKODE HOUSE, KUTHANNUR P.O., PALAKKAD DISTRICT, PIN-678 721. 3. M. MOHANDAS, S/O.MUTHU, AGED 37 YEARS, KALLEKKADU HOUSE, KUTHANNUR P.O., PALAKKAD DISTRICT, PIN-678 721. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): -------------------------- KUTHANNUR GRAMAPANCHAYATH REPRESENTED BY ITS SECRETARY, PALAKKAD DISTRICT, PIN-678 721. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14690 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2011 J U D G M E N T The petitioners are Part-time Pump Operators continuing in service on daily wages on temporary basis from 24.06.2002. They are aggrieved by the decision of the respondent Panchayat to terminate their services and to make fresh appointments. The petitioners therefore seek the following reliefs: “i. issue a writ of certiorari, calling for the records relating to Exhibit-P2 to P5 and quash the same as illegal. ii. issue a writ of mandamus directing the respondent not to terminate the service of the petitioners, till persons are appointed on a permanent basis, by direct recruitment” I wanted the counsel for the petitioners to satisfy me that the initial appointments of the petitioners were after a selection process in which other similarly placed persons were given opportunity to compete. The counsel for the petitioners submits that formerly this water supply was entrusted to the Water Authority during which time the petitioners were being engaged whenever the regular Pump Operators were on leave. Later, when the Water Supply was entrusted to the respondent Panchayat, the petitioners filed an application for allowing them W.P.(C)No. 14690 of 2011 -2- to continue and pursuant to the same they were allowed to continue. Whatever that be, there is nothing on record to show that the petitioners were selected after undergoing a selection process. If that be so, I do not think that the petitioners can seek to continue in service either temporarily or permanently as of right, insofar as that would violate the fundamental rights of the very many other persons who are waiting for public employment. Therefore, I am not inclined to entertain the prayers in this writ petition. However I direct the respondent to see that fresh appointments are made only after inviting applications from all qualified by publishing a notification inviting applications at least in one newspaper having circulation in the locality. If the petitioners also apply, they should also be allowed to participate in the selection process. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/