IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 2706 of 2008(V) PETITIONER: ----------------- B. THULASIDHARAN PILLAI, VADAKKOTA, THODIYIL VEEDU, KALLAMBALAM, KALLAMBALAM P.O. BY ADV. SRI.A.AHZAR RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. PRESIDENT, NAVAIKULAM GRAMA PANCHAYAT, NAVAIKULAM. 4. SECRETARY, NAVAIKULAM GRAMA PANCHAYAT. R1 & R2 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.2706 of 2008 ------------------------- Dated this the 23rd day of January, 2008. JUDGMENT The petitioner was appointed as a Driver in the Navaikulam Grama Panchayat for a period of 179 days on daily wages as evidenced by Ext.P1 resolution. Apparently, the provisional engagement was continued even thereafter. The petitioner apprehends that the panchayat proposes to appoint some other person as a driver on provisional basis. Petitioner alleges that such a move is politically motivated. According to the petitioner, the committee proposes to engage one Nadirshah, who had contested as a candidate in the previous Grama Panchayat Elections under the CPM banner. Petitioner prays that he may be permitted to continue as a driver till a regular hand is appointed as such. 2. Petitioner's appointment was admittedly for a period of 179 days and that too on daily wages. W.P.(C).NO.2706/08 :: 2 :: Continuance thereafter was also only on provisional basis. Petitioner cannot claim that he may be allowed to continue till a regular hand joins duty. There is no enforceable right available to the petitioner. I do not find any justification for issuance of a direction in that regard. 3. Learned counsel for the petitioner refers to a judgment of this court dated 23.06.2004 in O.P.No.31237/1999 and contends that other drivers, who were appointed on daily wages in panchayats were permitted to continue till regular hands report for duty. 4. I have gone through the said judgment. In fact, it was observed by the Full Bench of this court in Radha v. District Medical Officer {2002 (2) KLT 711), that an employee working on a provisional basis has no right to seek regularisation of his services. His services are liable to be terminated on the expiry of the period for which he W.P.(C).NO.2706/08 :: 3 :: was appointed. In O.P.No.31237/99, this court only directed the Secretary of the Local Administration Department to consider a representation filed by the petitioner therein and pass appropriate orders. Apparently, since an interim order had been passed in the year 1999 and the writ petition was disposed of only in 2004, the interim order was permitted to continue till the Government takes a decision. In the absence of an enforceable right to the provisional employees and employees working on daily wages, either to seek regularisation or to continue in employment till regular hands join duty, as has been found by this court in the said judgment and by the Full Bench in Radha v. District Medical Officer {2002(2) KLT 711) and thereafter by the Constitution Bench in State of Karnataka v. Umadevi {2006(40 S.C.C. 1}, I do not find any reason to issue any direction in this case. W.P.(C).NO.2706/08 :: 4 :: For all these reasons, I do not find any merit in this writ petition and the same is, therefore, dismissed. But, it is made clear that this will not stand in the way of the petitioner challenging any resolution of the panchayat, if it is permissible in law. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge