IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37912 of 2008(L)
1. ELDHOSE GEORGE, THAMBRAN HOUSE
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE DIRECTOR GENERAL OF POLICE
3. THE CITY POLICE COMMISSIONER
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :03/09/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.37912 OF 2008
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Dated this the 3rd day of September, 2010
J U D G M E N T
While the petitioner was working as a daily wage driver in
the Forest Range Office, applications were invited by the Police
Department for the post of Heavy Duty Drivers. The petitioner’s
name was forwarded by the Employment Exchange. The
petitioner appeared for a driving test on 14.5.1999. Pursuant to
the same, appointments were made as per the select list
prepared. But the petitioner was not selected for such
appointment. The petitioner earlier approached this Court by
filing O.P.No.34216/2002 seeking a direction to the respondents
to appoint the petitioner to the post of Heavy Duty Driver in the
Police Department. In that original petition, the State took the
contention that the petitioner was included in the final select list
but, only two vacancies were available and therefore the
petitioner could not be appointed. Accepting that contention, this
Court dismissed the original petition by judgment dated
W.P.(c)No.37912/08 2
25.5.2006. The petitioner now seeks a direction to the
respondents to appoint the petitioner to the post of Heavy
Duty Driver in accordance with the select list prepared in 1999.
2. I have heard the learned counsel for the petitioner
as also the learned Government Pleader. Having suffered an
adverse judgment in O.P.No.34216/2002, the petitioner cannot
now resurrect his claim once again by filing another writ
petition. Even otherwise, I do not think that, in 2010, I can
direct the Government to make appointment from a rank list
prepared in 1999. Therefore, I do not find any merit in this
writ petition and accordingly, the same is dismissed.
S. SIRI JAGAN, JUDGE
acd
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