IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 4878 of 2011(H) ------------------------- PETITIONER(S): --------------- SREEJITH.A.K., DRIVER,VIJAYAPURAM GRAMA PANCHAYATH KOTTAYAM DISTRICT BY ADV. SRI.M.P.MADHAVANKUTTY SMT.K.S.CHAITHANYA RESPONDENT(S): --------------- 1. VIJAYAPURAM GRAMA PANCHAYATH REP.BY ITS SECRETARY, VADAVATHOOR P.O.,PIN-686010 KOTTAYAM DISTRICT 2. SECRETARY, VIJAYAPURAM GRAMA PANCHAYATH VADAVATHOOR P.O.,PIN-686010 KOTTAYAM DISTRICT 3. DEPUTY DIRECTOR OF PANCHAYATH KOTTAYAM 4. DIRECTOR OF PANCHAYATH,TRIVANDRUM GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 4878/2011 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF NOTICE PUBLISHED BY R1 DT. 24.5.2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 4878 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of March, 2011. J U D G M E N T The petitioner is a provisional driver working in the 1st respondent-Grama Panchayat on daily wages. There is no approved post of driver in the Grama Panchayat. Therefore, the Grama Panchayat is appointing drivers on casual basis. The petitioner has been so appointed. But, on account of change of guard in the Panchayat, the petitioner is sought to be terminated from service, is the grievance of the petitioner. The petitioner seeks the following reliefs: “i) Issue a writ of mandamus directing respondents 1 and 2 to permit the petitioner to continue in the post of driver still a permanent hand is recruited. ii) issue a writ of mandamus directing the respondents 1 and 2 restraining them from terminating the services of the petitioner from the post of driver till a permanent hand is recruited.” 2. I am of opinion that the petitioner can hope to continue in service only if the petitioner was appointed after undergoing a selection process, in which other similarly placed drivers were also given a chance to participate. The petitioner's contention is that in fact, there was a selection process and the notification inviting applications was published in the notice board of the Panchayat as well as in the notice board of the Village Office and the Parampuzha Cultural Center. Therefore, according to the petitioner, the petitioner was appointed after a valid selection process and therefore the petitioner cannot be terminated from service. 3. I am not satisfied that publication of the notice in the notice W.P(C) No. 4878 of 2011 -: 2 :- board of the Panchayat Office and the Village Office is sufficient notification of the vacancy. Even in the case of temporary employment, other similarly placed drivers are also entitled to compete for such posts. It is not as if the qualified drivers of the locality would go often to the Panchayat Office and the Village Office to ascertain whether any notification inviting applications has been published. Apart from that not only the qualified drivers of the 1st respondent-Panchayat, drivers of other Panchayats are also equally entitled to compete for the post. Therefore, mere publication of the notice in the notice boards of the Panchayat Office and Village Office is not at all sufficient for a valid selection process. A valid selection process would take in publication of the notification inviting applications at least in one newspaper so that all intending qualified persons can apply for that post. Insofar as in this case, such a selection procedure has not been complied with in appointing the petitioner, I do not think that the petitioner can complain about termination of the temporary service. Therefore, the writ petition is dismissed. But, I make it clear that the 1st respondent-Panchayat shall make fresh selection only after publishing the notification inviting applications in at least one newspaper having circulation in the locality. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.