IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WA.No. 1826 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31594/2007 Dated 06/11/2007 .................... APPELLANTS/ PETITIONERS:- ------------------------------------------- 1. K. RAJESH, S/O. LATE CHANDRASEKHARAKURUP, JEEP DRIVER, MAVOOR GRAMA PANCHAYAT, KOZHIKODE DISTRICT. 2. M. PREMAN, S/O SEKHARAN, JEEP DRIVER, OLAVANNA GRAMA PANCHAYAT, KOZHIKODE. 3. K. MOHAMMED ISHAK, S/O. ABOOBACKER.A, JEEP DRIVER, THAMARASSERY GRAMA PANCHAYAT, KOZHIKODE DISTRICT. 4. E. ASHOKAN, S/O. VICHIKORU, JEEP DRIVER, FEROKE GRAMA PANCHAYATH, KOZHIKODE DISTRICT. 5. V.P. MANOJ, S/O. APPUNNI NAIR, JEEP DRIVER, ELATHUR GRAMA PANCHAYAT, KOZHIKODE DISTRICT. 6. R.K.SUNIL KUMAR, S/O KANARAN, JEEP DRIVER, PAYYOLI GRAMA PANCHAYAT, KOZHIKODE DISTRICT. 7. GENESAN.K., S/O GOPALAN, JEEP DRIVER, BALUSSERY GRAMA PANCHAYAT, KOZHIKODE DISTRICT. 8. K.E.MOHAMMEDALI, S/O MUHAMMED MUSLIAR, JEEP DRIVER, RAMANATTUKARA GRAMA PANCHAYAT, KOZHIKODE DISTRICT. BY ADV. SRI. P.V. KUNHIKRISHNAN WA.No. 1826 of 2008() -2- RESPONDENT(S): ------------------------- 1. MAVOOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT 2. OLAVANNA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT. 3. THAMARASSERY GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT. 4. PERUVAYAL GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT. 5. FEROKE GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT. 6. ELATHUR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT. 7. PAYYOLI GRAMA PANCHAYAT, REP. BY ITS SECRETARY. KOZHIKODE DISTRICT. 8. BALUSSERY GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT. 9. RAMANATTUKARA GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KOZHIKODE DISTRICT. 10. STATE OF KERALA REP. BY ITS SECRETARY, LOCAL SELF GOVERNMENT (EPA), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.1826 OF 2008 () ----------------------------------- Dated this the 23rd day of September, 2008 J U D G M E N T KOSHY,J. Appellants/Petitioners were working as Jeep Drivers in different Panchayat Offices on a provisional basis. They seek regularisation of their service as they were working for a quite long number of years. The learned Single Judge found that they were not appointed as per rules and there was no selection process. Following the decision of the Constitution Bench of the Supreme Court in Secretary, State of Karnataka v. Umadevi (2006 (4) SCC 1), the learned Single Judge rejected the petition as by virtue of the powers under Article 226 of the Constitution of India, this Court cannot order regularisation merely because they were working for a long period of time. Public appointments should be transparent and back door appointments cannot be encouraged. Even though earlier this Court ordered to W.A.1826/08 2 consider their claim, by Ext.P7, it was rejected by the Government. This will not prevent the appellants/petitioners from continuing to make representation before the Government. Since we agree with the decision of the learned Single Judge, this writ appeal is dismissed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 23rd September, 2008