IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 3290 of 2000(N) --------------------------------- PETITIONER: ------------------- 1. RAMESAN.K., AGE 30, S/O. KELAPPAN, KOMATH HOUSE,. KAYANNA BAZAR, PERAMBRA, KOZHIKODE. 2. SURESH P.P., S/O. KUMARAN, PUNNUPARAMBIL, KAKKATTIL, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: ------------------------ 1. THE PRESIDENT, DISTRICT PANCHAYATH, KOZHIKODE. 2. THE SECRETARY, DISTRICT PANCHAYATH, KOZHIKODE. 3. STATE OF KERALA, REP.BY CHIEF SECRETARY, TRIVANDRUM. R2 BY GOVERNMENT PLEADER SRI.SREEKRISHNAN R3 BY ADV. SRI.P.PARAMESWARAN NAIR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/ 01/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.3290/2000 ORDER ON CMP. NO.5490/2000 IN OP. NO.3290/2000 DISMISSED 11.01.2008 SD/- K.M.JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1 (a):- COPY OF THE EXPERIENCE CERTIFICATE SHOWING THE EXPERIENCE OF THE IST PETITIONER DT. 29.1.2000. EXT.P1(b):- COPY OF THE EXPERIENCE CERTIFICATE SHOWING THE EXPERIENCE OF THE 2ND PETITIONER DT. NIL. EXT.P2:- COPY OF THE GOVERNMENT LETTER 8160/ADV.C1/99 PUARD DT. 16.8.99. EXT.P3:- COPY OF THE G.O.M.S. 71/98 DT. 15.12.98. EXT.P4:- COPY OF THE ORDER IN CMP. NO.53538/99 IN OP. NO.31460/99 DT. 16.12.99. /TRUE COPY/ P.A. TO JUDGE tss K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No.3290 of 2000 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2008 JUDGMENT The case of the petitioners' in brief is as follows: Petitioners are working as drivers in District Panchayat office, Kozhikode. They have approached this court praying for a declaration that Ext.P2 is not applicable in the case of appointment and continuance in service of the petitioners. Direction is sought not to terminate their service. Direction is also sought to permit them to continue in service until the selected candidates from the Public Service Commission list came for joining. 2. By Ext.P2 order the Government, on the basis of an order passed by the learned Single Judge of this court, directed termination of all temporary and daily waged drivers and fill such vacancies and other vacancies by appointing PSC hands. 3. Case of the petitioners is that their appointment is not under Rule 9(a)(1) of K.S. & S.S.R. It is the further case that there is no PSC list for the post of driver in the District Panchayat, Kozhikode, and hence Ext.P2 is not applicable as the petitioners are concerned. 4. Counter affidavit is filed. O.P. 3290/2000. 2 5. I heard learned counsel for the petitioners and the respondents. Learned Government Pleader points out that in fact appointment through PSC is imperative as it is necessary to observe rules of communal rotation. It is submitted that Ext.P2 is based on the judgment of the learned Single Judge. 6. This court passed an interim direction on 1.2.2000 to permit the petitioners to continue. I would think that at this distance of time, certainly a PSC list would have come into force. That apart there is no challenge to Ext.P2 order. The petitioners case is that they are daily waged drivers. Ext.P2 would show that even daily waged persons are liable to be terminated. That apart, petitioners are not in a position to show as to what is the legal right of the persons like the petitioners to continue. For all these reasons, I feel that the Original Petition deserves to be dismissed. It is dismissed. (K.M. JOSEPH, JUDGE) sb O.P. 3290/2000. 3 K.M. JOSEPH, J. -------------------------------- O.P. No. 3290 of 2000 -------------------------------- JUDGMENT 11.1.2008.