IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WA.No. 1157 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.3043/2010 Dated 30/01/2010 .................... APPELLANT/PETITIONER: --------------------------- P.K.MOHAMMED ALI, S/O.P.A.KUNJU BAVA, PULIKKAL HOUSE, SREEMOOLANAGARAM, ERNAKULAM DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KALADY. BY SENIOR GOVT. PLEADER, SRI. BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1157 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2010 JUDGMENT J.Chelameswar, CJ. The unsuccessful petitioner in W.P.(C) No.3043 of 2010 is the appellant herein. He was employed by the State as a driver on daily wage basis from 1994 onwards. Apprehending that his services are likely to be terminated, the petitioner/appellant approached this Court praying that his service may be dispensed with until a regular employee is appointed. By the judgment under appeal the learned Judge dismissed the writ petition on the ground that the petitioner/appellant has no enforceable legal right. 2. Heard Sri.M.V. Bose, the learned counsel appearing for the appellant and Sri.Benny Gervasis, the learned Senior Government Pleader appearing for the respondents. 3. Nothing is brought to our notice to demonstrate that the judgment under appeal needs interference, except stating that a lenient view may be taken in view of his provisional WA No. 1157 of 2010 -:2:- service of more than 10 years. We are afraid such a discretion is not available to this Court. The appeal is therefore dismissed at the admission stage. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb