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THOMAS VARGHESE, AGED 39 YEARS v. ERUMELY GRAMA PANCHAYATH - WP(C) No. 11950 of 2007(V)  RD-KL 12784 (11 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 11950 of 2007(V)
1. THOMAS VARGHESE, AGED 39 YEARS,
1. ERUMELY GRAMA PANCHAYATH,
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent :SRI.V.K.SUNIL
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
O R D E R
K.BALAKRISHNAN NAIR,J.W.P ( C) No. 11950 of 2007
Dated this the 11th day of July, 2007
J U D G M E N T
The petitioner is working on daily wage basis as Tractor driver under the 1st respondent Panchayat. He was working from since 8.11.2005. This writ petition is filed praying for a direction to the respondents to regularise him in service with effect from 8.11.2005. There is also a prayer for a direction to consider Exhibit-P3 representation filed by him, in which, he prays for retention in service. The Panchayat has filed a counter affidavit, in which, it is submitted that there is only one sanctioned post of Tractor driver. The Panchayat has resolved to move the Employment Officer for sponsoring candidates for appointment to the said post of Tractor driver.
2. Heard. The petitioner who is a daily wage employee, appointed directly from the open market, without any selection process has no legal right to claim regularisation in service. Therefore, the prayers in this writ petition cannot be granted. The Panchayat has already taken steps to fill up the post through Employment Exchange. If the service of Tractor driver on daily W.P ( C) No. 11950 of 2007 2 wage basis is necessary, the petitioner shall be preferred to fresh daily wage hands. Subject to that direction, the writ petition is closed.
(K.BALAKRISHNAN NAIR,JUDGE)ma /TRUE COPY/
P.A. TO JUDGEW.P ( C) No. 11950 of 2007 2
K.THANKAPPAN,JCRL.A. NO.92 OF 1999
ORDER25th May, 2007
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