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. 14721 of 2011(M) -------------------------- PETITIONER(S): --------------- SAJEEV KUMAR.K.K., KUTTANATTUKUZHI HOUSE, VADAYAMPADI.P.O., KOLENCHERY, ERNAKULAM DISTRICT. (PRESENTLY WORKING AS DRIVER, POOTHRIKKA GRAMA PANCHAYAT (SPECIAL GRADE), POOTHRIKKA, ERNAKULAM-682 308. BY ADV. SRI.PRASAD CHANDRAN RESPONDENT(S): --------------- 1. THE POOTHRIKKA GRAMA PANCHAYAT (SPECIAL GRADE), REPRESENTED BY ITS SECRETARY, POOTHRIKKA, ERNAKULAM-682 308. 2. THE SECRETARY, POOTHRIKKA GRAMA PANCHAYAT (SPECIAL GRADE), POOTHRIKKA, ERNAKULAM-682 308. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 14721 of 2011 ================== Dated this the 31st day of May, 2011 J U D G M E N T The petitioner is working as a driver in the 1st respondent panchayat on temporary basis from 27.7.2009. The petitioner is now aggrieved by the proposed action of the panchayat to terminate the service of the petitioner to appoint another person on temporary basis in the place of the petitioner, in its meeting to be held on 31.5.2011. The petitioner seeks the following reliefs: “i) to issue a writ of mandamus directing the 1st respondent to permit the petitioner to continue in the post of driver or till regular hands are appointed by due selection process. ii) to say all further proceedings pursuant to the decision to be taken by the 1st respondent Panchayat in its meeting held on 31.5.2011 in respect of appointment of a temporary driver.” 2. The petitioner has not been able to satisfy me that the petitioner was appointed on temporary basis after undergoing a selection process, in which, similarly placed qualified persons have been given opportunity to compete. In public employment, whether temporary or permanent, all eligible persons are entitled to be considered, for which, notification inviting applications has to be properly published. The petitioner having not been appointed after such a selection process, I do not think that the petitioner can hope to continue in service either temporarily or permanently. Therefore, I am not inclined to countenance the contentions of the petitioner. But the w.p.c.14721/11 2 Panchayat also has to likewise appoint drivers only after making a selection from among eligible persons who should be given an opportunity for applying for the post. Therefore, I direct the respondents to see that any appointment of driver shall only be after a selection process, in which, a notification inviting applications is published at least in one newspaper and considering all the applications received pursuant thereto. If any decision to appoint anybody contrary to the same is taken in the meeting to be held today, it shall be appropriately revised in accordance with the above direction. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge