IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 37912 of 2008(L) -------------------------------- PETITIONER: --------------- ELDHOSE GEORGE, THAMBRAN HOUSE PARIELY.PO, VENGOOR (VIA),PERUMBAVOOR 683 546. BY ADV. MR.S.P.ARAVINDAKSHAN PILLAY MRS.N.SANTHA MR.S.A.ANAND MR.PETER JOSE CHRISTO RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM 2. THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 3. THE CITY POLICE COMMISSIONER THIRUVANANTHAPURAM BY ADV. MR. ARAVIND KUMAR BABU T.K. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.37912 OF 2008 ------------------------------- Dated this the 3rd day of September, 2010 J U D G M E N T While the petitioner was working as a daily wage driver in the Forest Range Office, applications were invited by the Police Department for the post of Heavy Duty Drivers. The petitioner's name was forwarded by the Employment Exchange. The petitioner appeared for a driving test on 14.5.1999. Pursuant to the same, appointments were made as per the select list prepared. But the petitioner was not selected for such appointment. The petitioner earlier approached this Court by filing O.P.No.34216/2002 seeking a direction to the respondents to appoint the petitioner to the post of Heavy Duty Driver in the Police Department. In that original petition, the State took the contention that the petitioner was included in the final select list but, only two vacancies were available and therefore the petitioner could not be appointed. Accepting that contention, this Court dismissed the original petition by judgment dated W.P.(c)No.37912/08 2 25.5.2006. The petitioner now seeks a direction to the respondents to appoint the petitioner to the post of Heavy Duty Driver in accordance with the select list prepared in 1999. 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. Having suffered an adverse judgment in O.P.No.34216/2002, the petitioner cannot now resurrect his claim once again by filing another writ petition. Even otherwise, I do not think that, in 2010, I can direct the Government to make appointment from a rank list prepared in 1999. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.37912/08 3 W.P.(c)No.37912/08 4