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
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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