IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 16435 of 2008(F) -------------------------- PETITIONER: ------------ P.K.MOHANAN, DRIVER, ARAKULAM GRAMA PANCHAYATH, IDUKKI DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. ARAKULAM GRAMA PANCHAYATH, MOOLAMATTOM POST, IDUKKI PIN 685 589, REPRESENTED BY ITS SECRETARY. 3. GRAMA PANCHAYATH COMMITTEE, ARAKULAM GRAMA PANCHAYATH, MOOLAMATTOM P.O., IDUKKI, PIN 685 589, REPRESENTED BY ITS GRAMA PANCHAYATH COMMITTEE. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO.16435 of 2008 --------------------------------- Dated this the 3rd day of June, 2008. JUDGMENT The petitioner is a Driver working in the second respondent Panchayat. He submits that he has been working since 11.11.2003 on a daily wage basis. Apparently due to change in the equation of the Panchayat Committee, his services are now proposed to be terminated. Learned counsel for the petitioner Sri.N.Raghuraj submits that there is no PSC list currently in force for the post of Driver in Panchayat Common Service. There is no sanctioned post also. Therefore, the attempt of the Panchayat is to replace the petitioner for another daily wage employee. He therefore prays for a direction that the petitioner be retained till a regular hand is available in the post of Driver. Daily wage employee or a provisional employee cannot insist to retain him till a regular employee joins duty. The dictum laid down by the Supreme Court in State of Karnataka vs. Umadevi (2006 (4) SCC 1) stands in the way of the petitioner's claim being accepted. But I make it clear that the judgment will not stand WPC. 16435/2008 2 in the way of respondents 2 and 3 considering the case of the petitioner for retention of the petitioner for daily wage or casual basis. It is upto the Panchayat to take a decision. Subject to the above, the writ petition is disposed of. V. GIRI, JUDGE. Pmn/