IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 17841 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ 1. MOHANDAS K.P., DRIVER, SUB-ROAD TRANSPORT OFFICE, WADAKKANCHERY, RESIDING AT KOZHIPARAMBIL HOUSE, NETHAJI CORNER, CHETTUPUZHA P.O., THRISSUR. 2. MANOJ T.V., DRIVER, SUB-ROAD TRANSPORT OFFICE, IRINJALAKUDA, RESIDING AT THEVARMADATHIL, RAPPAL, PUDUKKAD P.O., THRISSUR. BY ADVS. SRI.SUJESH MENON V.B., SRI.K.B.ARUNKUMAR. RESPONDENT(S): --------------------------- 1. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM PO, PIN - 695 001. 2. THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE-I, THRISSUR PO.- 680 003. 3. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, THRISSUR DISTRICT, PIN-680 003. 4. THE SUB-ROAD TRANSPORT OFFICER, THE SUB-ROAD TRANSPORT OFFICE, WADAKKANCHERRY PO, THRISSUR DISTRICT - 680 716. 5. THE SUB-ROAD TRANSPORT OFFICER, SUB-ROAD TRANSPORT OFFICE, IRINJALAKUDA PO, THRISSUR DISTRICT - 680 612. R1 TO R5 BY GOVERNMENT PLEDER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17841/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DTD.22/10/2009. P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 TO 3. P3: COPY OF THE JUDGMENT IN WP(C) NO.15812/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.17841 OF 2011 -------------------------------------------- Dated this the 5th day of July, 2011 JUDGMENT The petitioners are working as Drivers on daily wage basis respectively under respondents 4 and 5. They were appointed on daily wage basis as per Ext.P1 order of appointment. Admittedly, they were appointed only for a period of 179 days. The claim of the petitioners is that after creating artificial break in service, they were given reappointments and they are still continuing in service. The grievance of the petitioners is regarding the proposal of the respondents to effect provisional appointments on daily wage basis against the post held by them. The learned counsel for the petitioners relying on Ext.P3 judgment of this Court, submits that the respondents may be directed to consider Ext.P2 representation submitted by the petitioners. Taking into account the fact that the petitioners have already preferred Ext.P2 representation against the aforesaid proposal of the respondents, without making any observation as to the merits of the contentions raised by the petitioners in this Writ Petition as also in Ext.P2, this Writ Petition W.P.(C) NO.17841/2011 2 is disposed of with a direction to the third respondent to consider Ext.P2 representation in accordance with law, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.17841/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010