IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25307 of 2004(K)
1. J.SATHYADEVAN, VEDACHANAZHIKAM,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE SECRETARY
... Respondent
2. THE DISTRICT RURAL DEVELOPMENT AGENCY,
3. THE DISTRICT COLLECTOR,
For Petitioner :SRI.C.RAGHAVAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :17/07/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO. 25307 OF 2004
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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
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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
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