IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 OP.No. 31379 of 1999(I) ----------------------- PETITIONER(S): --------------- ALANGAD GRAMA PANCHAYAT, REP. BY ITS PRESIDENT, NEERICODE P.O., ALUVA. BY ADV. SRI.S.K.BRAHMANANDAN SRI.G.SREENIVASA PRABHU SRI.S.B.PREMACHANDRA PRABHU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., LOCAL ADMINISTRATIN DEPT., SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYATS, TRIVANDRUM. 3. THE DY. DIRECTOR OF PANCHAYATS, ERNAKULAM. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 31379/99. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE MESSAGE NO.E10-28555/99 DTD.30.11.99. P2. COPY OF THE GOVT. ORDER DTD.16.8.99. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 31379 of 1999 ================== Dated this the 6th day of April, 2009 J U D G M E N T The petitioner, a Grama Panchayat, is aggrieved by a direction issued by the Government with regard to engagement of daily wage drivers in panchayats. The petitioner, therefore, seeks the following reliefs in this original petition. “(i) a writ of certiorari quashing/setting aside Ext.P1 in so far as it concerns the petitioner panchayat. (ii) a writ of mandamus to the respondents to sanction a post of Driver (Light Motor Vehicle) to the petitioner Panchayat, and to make appointment to the said post. (iii) a writ of mandamus to the respondents not to object/prohibit engagement of a daily wage driver by the petitioner Panchayat, until a driver is appointed and made available to the petitioner Panchayat, by the respondents.” But it is admitted before me that a similarly placed Panchayat filed another writ petition, viz.,701/2000, in respect of the same direction, in which, a learned Single Judge of this Court passed the following judgment: “The writ petition is filed aggrieved by a direction issued by the Government with regard to engagement of daily wages drivers. Admittedly there is no sanctioned post. In all the connected matters, direction has been issued by this Court to the Government to take a decision. Therefore, this writ petition is also disposed of directing the Government to take a final decision in the matter regarding sanctioning of the post. Till a decision is taken as above, the interim order passed by this Court will continue.” The petitioner submits that this original petition also may be disposed of in terms of that judgment. Ordered accordingly. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2 S.SIRI JAGAN, J. ================== O.P.No. 31379 of 1999-I ================== .... J U D G M E N T 6th April, 2009