High Court Kerala High Court

P.K.Mohammed Ali vs The State Of Kerala on 20 July, 2010

Kerala High Court
P.K.Mohammed Ali vs The State Of Kerala on 20 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1157 of 2010()


1. P.K.MOHAMMED ALI,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED
                       ...       Respondent

2. THE COMMISSIONER OF EXCISE,

3. THE DEPUTY COMMISSIONER OF EXCISE,

4. THE EXCISE INSPECTOR,

                For Petitioner  :SRI.M.V.BOSE

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :20/07/2010

 O R D E R
         J.Chelameswar, CJ. & P.N.Ravindran, J.
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                      W.A.No. 1157 OF 2010
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              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