IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 33190 of 2010(W) ----------------------------------- PETITIONER(S): --------------- 1. P.V.SUNIL DHAT,AMBULANCE DRIVER, ELOOR MUNICIPALITY,UDYOGAMANDAL,ELOOR,ERNAKULAM. 2. SAJIN.K.C, JEEP DRIVER,ELOOR MUNICIPALITY,UDYOGAMANDAL,ELOOR,ERNAKULAM. 3. BIJU GOSEPH,DRIVER,PAIMGOTTOOR GRAMA PANCHAYATH,PAINGOTTOR PO,ERNAKULAM DISTRICT. BY ADV. SRI.PRATHEESH.P RESPONDENTS: --------------- 1. THE STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT,PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANAPURAM-1. 2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANAPURAM-1. 3. ELOOR MINICIPALITY,REP.BY ITS SECRETARY,ELOOR PO,ERNAKULAM DISTRICT 683 501. 4. PAINGOTTOOR GRAMA PANCHAYATH, REP.BY ITS SECRETARY, PAINGOTTOOR PO, ERNAKULAM DISTRICT 686 671. ADV. SRI.P.M.BENZIR FOR R4 SRI.G.G.MANOJ FOR R4 SRI.JAICE JACOB FOR R4 SRI.DINESH R.SHENOY FOR R3 SRI.G.HARIKRISHNAN (TRIPUNITHURA) FOR R3 SRI. ANTONY MUKKATH – GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33190 of 2010 APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF PROCEEDINGS NO.VII(38) DATED 16.12.2009 ISSUED BY THE PRESIDENT OF THE ELOOR GRAMA PANCHAYATH. EXT.P2: COPY OF THE PROCEEDINGS NO.IV (3) DATED 28.4.2005 APPOINTING THE 3RD PETITIONER AS DRIVER ON DAILY WGES IN THE PANCHAYATH ISSUED BY R4. EXT.P3: COPY OF LETTER DATED 16.8.1999. EXT.P4: COPY OF JUDGMENT PASSED BY THIS HONOURABLE COURT IN O.P.NO.31968/1999 DTD 11.4.2008. EXT.P5: COPY OF ORDER PASSED BY THIS HONOURABLE COURT IN W.P.(C)NO.30742/2010 DTD 7.10.2010. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.33190 OF 2010 --------------------------------------- Dated this the 7th day of February, 2011 JUDGMENT The petitioners are working as Drivers under the respondents Panchayat and Municipality respectively on daily wages. There is no sanctioned posts of Drivers in respondents 3 and 4. Respondents 3 and 4 are engaging Drivers on temporary basis. The petitioners are such Drivers. They have filed this writ petition apprehending termination from service. The petitioners seek the following reliefs: “i. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to terminate the service of the petitioners on the basis of Exhibit.P3. ii. To declare that Exhibit.P3 is not applicable in the case of the petitioners”. 2. I have heard the parties. The appointment to the post of Driver, even if temporary, in a panchayat or Municipality is a public appointment. Every person qualified for the post is entitled to be considered for such appointment. Therefore, if appointments are made without giving all intending applicants to compete for the post, that would violate the fundamental rights W.P.(C)No.33190/10 2 of those persons who have an equal right to be considered for selection to the post. Therefore, I am of opinion that unless the petitioners have been so appointed after undergoing a selection process in which notification inviting applications has been published in at least one newspaper, the petitioners cannot claim continuance in the post. The petitioners have not been able to satisfy me that they were appointed pursuant to such a selection process. As such, they are not entitled to continuation in service on the basis of their earlier temporary engagement, which was not after a valid selection process. However, I am of opinion that while recruiting Drivers afresh, even if on temporary basis, respondents 3 and 4 shall do so only after publishing notification inviting applications in at least one newspaper, having circulation in the locality of the Municipality or the Panchayat and conducting a selection process known to law, so that all persons qualified and desirous of participating in the selection process get a chance to apply for the post. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.33190/10 3 W.P.(C)No.33190/10 4