IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37429 of 2010(C) -------------------------- PETITIONER(S): --------------- P.P.MOHAMMED MUSTHAFA, 40 YEARS, S/O.LATE MOIDEEN, PANTHAL PARAMBIL HOUSE, (P.O) NELLIKKATTIRI, VIA.KOOTTANAD, PALAKKAD DISTRICT. 679 553. BY ADV. SRI.S.SAJU RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THIRUMITTAKKODE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, (P.O) CHATHANOOR, VIA PERINGODE, PALAKKAD DISTRICT. PIN-679 537. GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.37429 of 2010 ================== Dated this the 22nd day of December, 2010 J U D G M E N T The petitioner is a temporary driver in the 3rd respondent panchayat engaged on daily wages. He wants continuation of his temporary service on the ground that there is no permanent post of driver in the panchayat and there is no rank list prepared by the PSC for regular appointment to the post of driver. He further submits that he has been appointed as a temporary driver pursuant to a selection process conducted by the panchayat. He submits that in view of the same, the petitioner is eligible for the benefit of Ext.P3 judgment passed by me. He, therefore, seeks the following reliefs: “1) Call for the records connected with the case. 2) To direct the 3rd respondent panchayat to allow the petitioner to continue in the post of the driver until regular hands are appointed after the (sic) sanctioning of the post of the driver.” 2. I have heard the learned counsel for the petitioner. 3. It is true that in Ext.P3 judgment I have considered that where such drivers have been appointed as temporary drivers on daily wages after conducting a selection process known to law, viz., after inviting applications from the public and making a selection from applicants, the drivers shall be allowed to continue in service until regular hands are appointed after sanction of the post of drivers by the w.p.c.37429/10 2 panchayats and the panchayats continue to require the service of such drivers. The petitioner has produced some documents to prove that the petitioner has been appointed after a selection process. Those documents only show that an advertisement inviting applications has been published in the notice boards of some Government offices. I am of opinion that that would not be sufficient publication of the notice inviting applications insofar as those who wish to apply for the post may not be attending to those offices to peruse the notice boards. Properly the notification inviting applications should have been published in some newspapers. Otherwise, the same would violate the fundamental rights of others eligible to consider for appointment under Articles 14 and 16 of the Constitution of India. As such, I am not inclined to countenance the contention of the petitioner that he has been appointed after a proper selection process. Therefore, I am not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.37429/10 3