Curbing termination attempts against a casual daily wage driver employed for 8 years. The court held that no legal right exists to continue employment. The Single Judge's order, safeguarding petitioner's participation in new selection, was upheld.
Writ appeal dismissed; no interference with the judgment of the learned Single Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 3RD DAY OF FEBRUARY 2016/14TH MAGHA, 1937
WA.No.222 of 2016 () IN WP(C). No.36001/2015
AGAINST THE ORDER/JUDGMENT IN WP(C) NO. 36001/2015 OF HIGH COURT OF KERALA DATED 13-01-2016.
APPELLANT(S)/PETITIONER :
SUJIT K.S., AGED 27 YEARS, S/O. SUGATHAN, KUNNUMPURAM HOUSE, KURICHY, CHANGANACHERRY, KOTTAYAM DISTRICT-686 102.
BY ADV. SRI.K.SURESH
RESPONDENT(S)/RESPONDENTS :
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. DISTRICT PANCHAYAT OFFICER, KOTTAYAM.
3. KURICHY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KURICHY P.O., KOTTAYAM-686 549.
4. SECRETARY, KURICHY GRAMA PANCHAYAT, KURICHY GRAMA PANCHAYAT, KURICHY P.O., KOTTAYAM-686 549.
R1 & R2 BY SPECIAL GOVERNMENT PLEADER SMT.GIRIJA GOPAL R3 & R4 BY ADV.SRI.MP.P.MADHAVANKUTTY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KRJ
ASHOK BHUSHAN, C.J &
A.M.SHAFFIQUE, J
= = = = = = = = = = = = = = = = = W.A No.222 of 2016
= = = = = = = = = = = = = = = = = = Dated this the 3rd day of February, 2016
JUDGMENT
Shaffique, J
This writ appeal has been filed by the petitioner in W.P(C) No.36001 of 2015 challenging the judgment dated 13.1.2016. The petitioner claims to be a driver working on daily wages under the third respondent Panchayat. According to him, he is working since 3.4.2008 and attempts were being made to terminate his service on account of a new Managing Committee coming into office.
WA.222/16
-:2:-
also be entitled to apply for appointment without reference to any
age conditions stipulated by the respondent Panchayat in the notification.
Panchayat had already issued a notification and 5.2.2016 is fixed as the last date for application.
-:3:-
WA.222/16
and the petitioner is also entitled to participate in the new selection
process. Under such circumstances, we do not find any ground to interfere with the judgment of the learned Single Judge by exercising the appellate jurisdiction.
Accordingly, the writ appeal is dismissed.
ASHOK BHUSHAN CHIEF JUSTICE
A.M.SHAFFIQUE JUDGE
krj.3/2/16
//true copy// P.A to Judge
3 issues framed by the court
Whether a casual/daily wage employee appointed 8 years ago has a legal right to demand continued employment without fresh appointment.
Whether the Single Judge erred in allowing the petitioner to continue pending fresh selection.
Whether there are grounds to interfere with the Single Judge's judgment in this writ appeal.
Sujit K.S.
State of Kerala
District Panchayat Officer, Kottayam
Kurichy Grama Panchayat
Secretary, Kurichy Grama Panchayat
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
