IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 2627 of 2011(C) ------------------------- PETITIONER(S): --------------- K.N.BABU, AGED 45 YEARS S/O.NAKULAN, KUZHIUZHATHIL PUTHENPURAYIL MULAKUZHA PO, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. MULAKUZHA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY MULAKUZHA, CHANGANNUR,ALAPPUZHA DISTRICT. 3. THE SECRETARY MULAKUZHA GRAMA PANCHAYATH MULAKUZHA, CHANGANNUR,ALAPPUZHA DISTRICT. GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 2627 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th day of January, 2011. J U D G M E N T The petitioner claims to be working as a temporary driver in the 2nd respondent-Panchayat from 2005 onwards. Now, on account of a change in the administration, the petitioner's temporary service is sought to be dispensed with. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to regularize the service of the petitioner as driver of the 2nd respondent Panchayat; ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to refrain from terminating the service of the petitioner as driver of 2nd respondent Panchayat.” 2. The petitioner has not been able to satisfy me that he has been appointed temporarily after undergoing a selection process known to law. If I allow the writ petition, that would violate the fundamental rights of many others, who are also equally entitled to be considered for the post of driver in the Panchayat which is a public employment. Therefore, I am of opinion that no appointment without undergoing a selection procedure could be either continued or regularized. Although the petitioner would contend that the petitioner has applied pursuant to the notification inviting applications, the petitioner has not been able to satisfy me by any material on record that the notification inviting application has been published at least in one newspaper so that all intending applicants could apply for the post. Therefore, I do not find any merit in this writ petition and accordingly the same is dismissed. W.P(C) No. 2627/11 -: 2 :- However, I make it clear that if the 2nd respondent Panchayat intends to make any fresh appointment to engage temporary driver, that shall only be after issuing a notification inviting applications, which shall be published at least in one leading newspaper having circulation in the area covered by the Panchayat, and not merely exhibited in the notice boards of the Panchayat and some Government offices. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.