IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34228 of 2010(C)
1. N.C.VIJAYAKUMAR, DRIVER,
... Petitioner
2. P.A.TOMY, DRIVER,
3. RAVI T.B., DRIVER,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE SECRETARY TO GOVERNMENT,
3. AIKARANADU GRAMA PANCHAYATH,
4. PUTHENVELIKKARA GRAMA PANCHAYATH,
5. CHENGAMANADU GRAMA PANCHAYATH,
For Petitioner :SRI.PRATHEESH.P
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :12/11/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.34228 OF 2010
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Dated this the 12th day of November, 2010
JUDGMENT
In this writ petition, the petitioners are drivers engaged on
daily wages for driving vehicles of various Panchayats. They
have filed this writ petition apprehending termination from
service. According to them, they are not liable to be terminated
from service insofar as there are no sanctioned posts of drivers
in the Panchayats and no rank list prepared by the Public Service
Commission for such appointment is in force. Therefore, they
seek a direction to the respective Panchayat in which they are
working to continue them in service until a regular hand is
appointed to the post.
2. I have heard the learned Government Pleader also.
3. None of the petitioners have any case that they were
engaged as temporary drivers on daily wages after undergoing a
selection process either through the employment exchange or by
issuing notification inviting applications for such appointments. I
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am of opinion that insofar as there may be other candidates
who are also eligible to be considered for such temporary
appointment who were not given opportunity to apply for the
post on account of the fact that no applications have been
invited either through employment exchange or by inviting
applications by public notice, such engagement of the
petitioners without a selection process known to law, would
violate the fundamental rights of those persons under Articles
14 and 16 of Constitution of India. For all public
employments, even if temporary, all persons who are eligible
to be considered should be given a chance for participating in
the selection process. As such, it would be violative of the
fundamental rights of those persons to allow the petitioners to
continue in service insofar as they have not been selected
after a selection process giving opportunity to others also to
compete for selection to the post. In the above circumstances,
this writ petition is disposed of with the following directions:
The concerned Panchayats, if they wish to engage drivers
on temporary basis on daily wages to drive any of their
vehicles, shall conduct a selection for such appointments,
after inviting applications from all who intend to apply for the
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said engagement by a selection process known to law and
complete the process of selection and appointment as
expeditiously as possible, at any rate, within two months from
the date of receipt of a copy of this judgment. Only persons so
selected shall be allowed to occupy the post. The petitioners
shall be allowed to continue in service for a period of two
months. The petitioners shall also be allowed to apply in the
selection process and their candidature shall also be
considered along with those of other applicants who apply.
However, in cases where any of the petitioners in this writ
petition have been appointed as temporary drivers on daily
wages, after conducting a selection process known to law viz.
after inviting applications from the public and making a
selection from applicants, the above direction shall not be
applicable in those cases and they shall be allowed to continue
in service until a regular hand is appointed after sanction of
the post of driver or the Panchayat continues to require the
service of the petitioners.
S. SIRI JAGAN, JUDGE
acd
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