IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 25307 of 2004(K) -------------------------- PETITIONER: ------------ J.SATHYADEVAN, VEDACHANAZHIKAM, PANTHRANDU MURI, THATTAMALA P.O. KOLLAM. FORMERLY OF THONDALUVILA VEEDU, MULLUVILA, AYATHIL P.O. KOLLAM. DRIVER THE DISTRICT RURAL DEVELOPMENT AGENCY, KOLLAM. BY ADV. SRI.C.RAGHAVAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, RURAL DEVELOPMENT (E.B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT RURAL DEVELOPMENT AGENCY, 3RD FLOOR, K.S.F.E. BUILDING, CHINNAKKADA, KOLLAM 691 001, REP. BY ITS PROJECT OFFICER. 3. THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF JUDGMENT DATED 2.12.1983 OF THIS HON'BLE COURT IN OP NO. 3820 OF 1982 EXT.P2 TRUE COPY OF LETTER DATED 20.5.1991 FROM THE FIRST RESPONDENT TO THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF LETTER DATED 26.12.1992 FROM THE 2ND RESPONDENT TO THE COMMISSIONER AND SECRETARY, RURAL DEVELOPMENT DEPARTMENT OF THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF RESOLUTION DATED 28.11.1992 PASSED BY THE GOVERNING BODY OF THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF LETTER DATED 8.12.1995 FROM THE 2ND RESPONDENT TO THE COMMISSIONER AND SECRETARY, RURAL DEVELOPMENT DEPARTMENT OF THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF PROCEEDINGS DATED 10.4.1990 OF THE STATE INSTITUTE OF RURAL DEVELOPMENT. EXT.P7 TRUE COPY OF LETTER DATED 27.12.1995 FROM THE FIRST RESPONDENT TO THE 2ND RESPONDENT. EXT.P8 TRUE COPY OF LETTER DATED 5.1.1996 FROM THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9 TRUE COPY OF JUDGMENT DATED 19.1.2000 OF THIS HON'BLE COURT IN OP 3279 OF 1996 EXT.P10 TRUE COPY OF COVERING LETTER DATED 22.3.2000 FROM THE ADVOCATE OF THE PETITIONER TO THE 2ND RESPONDENT ENCLOSING EXT.P9 EXT.P11 TRUE COPY OF LETTER DATED 24.6.2000 FROM THE 2ND RESPONDENT TO THE FIRST RESPONDENT. EXT.P12 TRUE COPY OF LETTER DATED 15.11.2000 FROM THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P13 TRUE COPY OF LETTER DATED 4.1.2001 FROM THE 2ND RESPONDENT TO THE FIRST RESPONDENT. EXT.P14 TRUE COPY OF COMMON JUDGMENT DATED 18.12.2003 OF THIS HON'BLE COURT IN W.A.NO. 2471/1998 EXT.P15 TRUE COPY OF LETTER DATED 26.3.2004 FROM THE FIRST RESPONDENT TO THE CHAIRMAN OF THE DRDA, KOTTAYAM. EXT.P16 TRUE COPY OF ORDER DATED 15.5.2004 OF THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P17 TRUE COPY OF THE LETTER DATED 11.1.2006 SENT BY THE PRINCIPAL SECRETARY TO GOVT. TO THE DISTRICT COLLECTOR, KANNUR & CHAIRMAN, DRDA, KANNUR. 3 EXT.P18 TRUE COPY OF ORDER NO. D-1004/97 DATED 19.1.2006 ISSUED BY THE DIST. COLLECTOR AND CHAIRMAN DRDA, KANNUR. EXT.P19 TRUE COPY OF G.O.(MS) NO. 70/2006/LSGD DATED 1.3.2006 EXT.P20 TRUE COPY OF JUDGMENT DATED 18.2.2003 IN W.A.NO. 1650 OF 2000 EXT.P21 TRUE COPY OF THE ORDER DATED 21.2.2005 OF THE SUPREME COURT OF INDIA IN SLP (CIVIL) NO. 3158-3159/05 EXT.P22 TRUE COPY OF THE ORDER DATED 15.5.2004 ISSUED BY THE DIST COLLECTOR, KOTTAYAM. EXT.P23 TRUE COPY OF THE ORDER DATED 25.2.2005 ISSUED BY THE DIST COLLECTOR, KOTTAYAM. EXT.P24 TRUE COPY OF THE ORDER DATED 16.5.2006 ISSUED BY THE STATE GOVERNMENT. EXT.P25 TRUE COPY OF THE ORDER DATED 29.6.2007 ISSUED BY THE STATE GOVERNMENT. EXT.P26 TRUE COPY OF THE LETTER DATED 19.5.2007 SENT BY THE PROJECT DIRECTOR, DRDA, KOLLAM TO THE COMMISSIONER OF RURAL DEVELOPMENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 25307 OF 2004 -------------------------------------------- Dated this the 17th day of July, 2008 JUDGMENT Petitioner joined as driver on daily wages in the service of the second respondent, which is a Government agency. Even though petitioner has been continuously in service for over 20 years, his services are not regularised. W.P. is for direction to the respondents to regularise his service as driver. Government Pleader submitted that though post is a permanent post and District Collector recommended to the Government for regularisation of petitioner's service, Government declined for the reason that daily wage employee cannot be regularised because he has not undergone any selection process. Petitioner has relied on Ext.P14 judgment of Division Bench of this Court whereunder the Division Bench has confirmed the order of learned single Judge ordering regularisation of service of a driver similarly placed like the petitioner. It is conceded by Government Pleader that SLP filed against the judgment of Division Bench is dismissed by the Supreme Court. Petitioner is admittedly a qualified driver and that is 2 why he was taken on daily wage basis and he continued his service for the last 20 years. In the circumstances, and following the judgment Ext.P14, I allow the Writ Petition directing the respondents to regularise the service of petitioner as driver without any delay and give him all consequential benefits. (C.N. RAMACHANDRAN NAIR) Judge kk 3