High Court Kerala High Court

Eldhose George vs State Of Kerala on 3 September, 2010

Kerala High Court
Eldhose George vs State Of Kerala on 3 September, 2010
       

  

  

 
 
  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.
                  ------------------------------
                  W.P.(C) No.37912 OF 2008
                  -------------------------------
          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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