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High Court of KeralaSingle JudgeWrit petition dismissed; no costs.

Latheef P.M. and others v. State of Kerala and others

Case / Petition Number:WP(C).No. 22648 of 2015 (E)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2016-03-22
Court Decision / Holding
The writ petition, hence, would stand dismissed. No costs.
Final Disposition
Writ petition dismissed; no costs.

Parties to the Case

Appellants / Petitioners

  • LATHEEF P.M.
  • K.SHAJI
  • SHEEJITH P
  • PRAKASHAN K
  • GEORGE JOSEPH
  • SIBY V.T
  • GIREESH KUMAR MUTHUR
  • RAMACHANDRAN K
  • PRADEEPAN V.V
  • RANJITH V.P
  • SHAJI
  • SANTHOSH V.P

Respondents

  • The State of Kerala
  • The Director of Panchayaths
  • The Deputy Director of Panchayaths Kannur
  • The Payyavoor Gram Panchayath represented by its Secretary, Payyavoor
  • The Kurumathoor Gram Panchayath represented by its Secretary, Kurumathoor
  • The Thripangottur Gram Panchayath represented by its Secretary
  • The Kuttiyattoor Gram Panchayath represented by its Secretary, Chattukapara
  • The Ayyankunnu Gram Panchayath represented by its Secretary
  • The Kottiyoor Gram Panchayath represented by its Secretary
  • The Kalliassery Gram Panchayath represented by its Secretary
  • The Ramantali Gram Panchayath represented by its Secretary
  • The Karivallur - Peralam Gram Panchayath represented by its Secretary
  • The Kannothuparamba Gram Panchayath represented by its Secretary
  • The Eranholi Gram Panchayath represented by its Secretary
  • The Kathiroor Gram Panchayath represented by its Secretary
  • ADDLR16 SATHEESAN M. CHERIPPERY PARAMBATH HOUSE P.O. MAMBARAM (VIA) PINARAYI 670 741
  • ADDLR17 RAJAN ERAYI, KOTTARA KUNNATH, P.O. MALOOR, MATTANNUR VIA KANNUR DISTRICT 670 702
  • ADDLR18 BIJU R. OTTAVEETTUVILAKTHE HOUSE, ALAKODE P.O. NANUYAMPARA 670 571
  • ADDLR19 PRAKASHAN K.V. THALAKKOT HOUSE, P.O. THAVAM 670 301
  • ADDLR20RAJEESH KOLLAM KANNAMMAL SHYLAJA NIVAS, AYITHARA P.O. MAMBRAM KATHUPRAMBU VIA 670 673
  • ADDLR21 SUNIL A.V. ARUVATH VALAPPIL HOUSE, P.O. PAVANNUR MOTTA MAYYIL VIA 670 602
  • ADDLR22 MANISH KUMAR A. VADAKKE KARAMMAL HOUSE, CHITTARIPARAMBA P.O., KANNUR DISTRICT 670 650
  • ADDLR23 MADHU V. KUNUMVLTD HOUSE P.O. PALAYAD, THALASSERY
  • ADDLR24 LATHEESH N.K. S/O. LAKSHMANAN N.K. NADUVILEKANDI HOUSE, MULLAKKODI P.O. ARIMBRA, MAYYIL VIA 670 602
  • ADDLR25 SHAMMI C.V. NITTUKKANDY HOUSE, KEEZHALLUR P.O. ANJARAKKANDY, KANNUR 670 612
  • ADDLR26 PRADEEPAN T.K. KORAKKANDY HOUSE, MUZHAPPALA P.O. KANNUR 670 611
  • ADDLR27 JYOTHISH K.K. SREESHAYALM HOUSE, KOTTAM P.O. MUNDDOOR 670 622
  • ADDLR28 PRAMODAN K.K. KELOTHUMKANDY HOUSE, P.O. MUNDALURE, KANNUR 670 622
  • ADDLR29 PRAKASAN K., THAVAROOL, KUZHICHAL HOUSE, CHENGLAYI P.O. SREEKANDAPURAM KANNUR DISTRICT 670 301
  • ADDLR30 DINENDRAN K.K., KAKKADANKANDY, PERINGANAM P.O., THILLENKERY
  • ADDLR31 ANIL KUMAR KATTAMBALLI CHAKKARACKAL P.O. MAMBA, KANNUR DISTRICT

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri.Babu S. Nair
  • • Smitha Babu

Counsels for Respondents

  • • Government Pleader
  • • Sri.K.R.Avinash (Kunnath)
  • • Sri.Abdul Raoof Pallipath
  • • Sri.M.V.Amaresan
  • • Sri.V.N.Ramesan Nambisan
  • • Sri.B.Premnath (E)
  • • Sri.R.Surendran
  • • Sri.M.Sasindran
  • • Sri.Cibi Thomas
  • • Sri.M.A.Augustine
  • • Sri.K.ShaJahan
  • • Sri.C.K.Sreejith
  • • Sri.K.V.Sohan

Case Synopsis & Summary

Latheef P.M. and eleven other petitioners, drivers employed by various gram panchayats, challenged their continued engagement in posts that were not sanctioned and were held on a daily-wage basis. They contend that after a due-selection process, they were appointed as drivers and that the Panchayats had sought regularization of their employment, a point supported by Ext. P14 which records the Panchayats' request for regularization. The respondents, however, argue that the authorities never sought regularization; rather, the permission sought was for sanction of posts, and the appointments were made pending the creation of sanctioned posts. The petition raises a dispute about temporary, un sanctioned placements being converted into permanent posts, and the need to regularize these employees or terminate them upon regularization. The court notes the tension between regularization demands and established law. It cites the Supreme Court decision in State of Karnataka v. Umadevi (2006) 4 SCC 1, which prohibits regularization of long-serving daily-wage employees in sanctioned posts and emphasizes that regularization decisions must be rooted in the creation of sanctioned permanent posts. The Kerala High Court concludes that regularizing such employees would undermine the Umadevi doctrine. It further observes that PSC-initiated regularization after post-sanction would necessitate termination of those already in service. Therefore, the writ petition is dismissed, and no costs are awarded.

Legal Doctrines & Maxims

  • Umadevi doctrine: Regularisation of daily-wage/temporary employees in sanctioned permanent posts after long service is impermissible; regularisation is not a valid claim and must be grounded in the creation of sanctioned posts.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners were appointed as Drivers after a formal selection process conducted by the Panchayats for posts that were not sanctioned and continued on a daily-wage basis. They contend that the Panchayats had sought regularization of their employment, as evidenced by Ext.P14. They rely on the argument that regularization would address long-standing temporary appointments and that the PSC had, in due course, recommended regularization in some cases.

Contentions of Respondents

The respondents contend there is no valid request for regularization; the permission sought was for sanction of posts, not for regularization of existing daily-wage appointees. They emphasize that regularizing such posts after long temporary service would contravene the Umadevi doctrine, especially since sanctioned permanent posts and PSC selection were in play. They assert that regularizing the petitioners would disrupt the system and, upon the regular employees joining, would necessitate the termination of those already serving in a sanctioned, regular capacity.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
State of Karnataka and others v. Umadevi(2006) 4 SCC 1PositiveThe court relies on the Umadevi doctrine to hold that regularisation of long-serving temporary employees in sanctioned posts is impermissible and therefore the petitions are dismissed.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **TUESDAY, THE 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938** ## **WP(C).No. 22648 of 2015 (E)** **----------------------------** **PETITIONERS:** **---------------------** ## **1. LATHEEF P.M. AGED 33 YEARS** - **S/O. MUHAMMED, PADINJATTIL HOUSE, CHAMATHACHAL P.O. KANNUR DISTRICT (WORKING AS DRIVER IN THE PAYYAVOOR GRAMA PANCHAYATH).** ## **2. K.SHAJI** **S/O. BHASKARAN, THAIKKANDI HOUSE, KANNAPILAVU NANICHERY P.O. KANNUR DISTRICT (WORKING AS DRIVER IN THE KURUMATHOOR GRAMA PANCHAYATH).** ## **3. SHEEJITH P** - **S/O. KUNHIKANNAN, 'PIYUSH', OLAYIKKARA PACHAPOIKA P.O. KANNUR DISTRICT (WORKING AS DRIVER IN THE THRIPANGOTTUR GRAMA PANCHAYATH).** ## **4. PRAKASHAN K** - **S/O. KUNHIRAMAN, CHANDRALAYAM, VELLUVAYAL CHATTUKAPARA P.O. KANNUR DISTRICT (WORKING AS DRIVER IN THE KUTTYYOOR GRAMA PANCHAYATH).** ## **5. GEORGE JOSEPH** - **S/O. JOSEPH, CHOWRIAM THADATHIL HOUSE AYYANKUNU CHARAL P.O. KANNUR DISTRICT (WORKING AS DRIVER IN THE AYYANKUNNU GRAMA PANCHAYATH).** ## **6. SIBY V.T** - **S/O. THOMAS, VELLACHIRA HOUSE, KOTTYOOR P.O. KANNUR DISTRICT (WORKING AS DRIVER IN THE KOTTIYOOR GRAMA PANCHAYATH)** **7. GIREESH KUMAR MUTHUR S/O. DAMODHARAN M., MUTHAR HOUSE, MANGAD KALLIASSERY P.O. KANNUR DISTRICT. (WORKING AS DRIVER IN THE KALLIASSERY GRAMA PANCHAYATH).** **...2** **WP(C).No. 22648 of 2015 (E)** **-2-** ## **8. RAMACHANDRAN K** **S/O. RAMAN, KUNDORA HOUSE, RAMANTHALI KANNUR DISTRICT (WORKING AS DRIVER IN THE RAMANTHALI GRAMA PANCHAYATH).** ## **9. PRADEEPAN V.V** **S/O. RAMAN, VADKKUMPAD, KARIVALLUR P.O. KANNUR DISTRICT (WORKING AS DRIVER IN THE KARIVALLUR - PERALAM GRAMA PANCHAYATH).** ## **10. RANJITH V.P** **S/O. KUNHIKANNA, VAYALIL HOSUE, CHERUPARAMBA P.O. THUVAKUNNU KANNUR DISTRICT (WORKING AS DRIVER IN THE KUNNOTHUPARAMBA GRAMA PANCHAYATH).** ## **11. SHAJI** **S/O.RAGHAVAN, NANDAYATH HOUSE, ERANHOLI KANNUR DISTRICT (WORKING AS DRIVER IN THE ERANHOLI GRAMA PANCHAYATH).** ## **12. SANTHOSH V.P** **S/O. KRISHNAN, MANGADAN HOUSE, KATHIRROR KANNUR DISTRICT (WORKING AS DRIVER IN THE KATHIROOR GRAMA PANCHAYATH)** **BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU** **RESPONDENTS:** **-------------------------** ## **1. THE STATE OF KERALA** - **REPRESENTED BY THE SECRETARY TO GOVERNMENT LCAL SELF GOVERNMENT DEPRATMENT GOVERNMENT SECRETAIRAT, TRIVANDRUM - 695 001.** **2. THE DIRECTOR OF PANCHAYATHS THIRUVANANTHAPURAM - 695 001.** **3. THE DEPUTY DIRECTOR OF PANCHAYATHS KANNUR - 670 001.** **4. THE PAYYAVOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PAYYAVOOR P.O. KANNUR DISTRICT - 670 633.** **5. THE KURIMATHOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KURUMATHOOR KANNUR DISTRICT - 670 142.** **...3** **WP(C).No. 22648 of 2015 (E)** **-3-** **6. THE THRIPANGOTTUR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KALLIKANDI P.O. KANNUR DISTRICT - 670 693.** **7. THE KUTTIYATTOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, CHATTUKAPARA P.O. KANNUR DISTRICT - 670 592.** **8. THE AYYANKUNNU GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ANGADIKADAVU P.O. KANNUR DISTRICT - 670 706.** ## **9. THE KOTTIYOOR GRAMA PANCHAYATH** - **REPRESENTED BY ITS SECRETARY, KOTTIYOOR P.O. KANNUR DISTRICT - 670 674.** **10. THE KALLIASSERY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KALLIASSERY P.O. KANNUR DISTRICT - 670 562.** **11. THE RAMANTHALI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, RAMANTHALI KANNUR DISTRICT - 670 308.** **12. THE KARIVALLUR - PERALAM GRAA PANCHAYATH REPRESENTED BY ITS SECRETARY, KARIVALLUR KANNUR DISTRICT - 670 521.** **13. THE KUNNOTHUPARAMBA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, THUVVAKUNNU P.O. KANNUR DISTRICT - 670 693.** **14. THE ERANHOLI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ERANHOLI P.O. KANNUR DISTRICT - 670 170.** **15. THE KATHIROOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KATHIROOR P.O. KANNUR DISTRICT - 670 101.** ## **ADDITIONAL R16 TOR31 IMPLEADED** ## **ADDLR16 SATHEESAN M. CHERIPPERI PARAMBATH HOUSE P.O. MAMBARAM (VIA) PINARAYI 670 741** ## **ADDLR17 RAJAN ERAYI, KOTTARA KUNNATH, P.O. MALOOR, MATTANNUR VIA KANNUR DISTRICT 670 702** **ADDLR18 BIJU R. OTTAVEETTUVILAKTHE HOUSE, ALAKODE P.O. NANIYAMPARA 670 571** ## **ADDLR19 PRAKASHAN K.V. THALAKKOT HOUSE,** ## **P.O. THAVAM 670 301.** ## **ADDLR20RAJEESH KOLLAM KANNAMMAL SHYLAJA NIVAS, AYITHARA P.O. MAMBRAM KATHUPRAMBU VIA 670 673** **ADDLR21 SUNIL A.V. ARUVATH VALAPPIL HOUSE, P.O. PAVANNUR MOTTA MAYYIL VIA 670 602** **ADDLR22 MANISH KUMAR A. VADAKKE KARAMMAL HOUSE, CHITTARIPARAMBA P.O., KANNUR DISTRICT 670 650** **ADDLR23 MADHU V. KUNUMMLD HOUSE P.O. PALAYAD, THALASSERY** **ADDLR24 LATHEESH N.K. S/O. LAKSHMANAN N.K. NADUVILEKANDI HOUSE, MULLAKKODI P.O. ARIMBRA, MAYYIL VIA 670 602** **ADDLR25 SHAMMI C.V. NITTUKKANDY HOUSE, KEEZHALLUR P.O. ANJARAKKANDY, KANNUR 670 612** **ADDLR26 PRADEEPAN T.K. KORAKKANDY HOUSE, MUZHAPPALA P.O. KANNUR 670 611** **ADDLR27 JYOTHISH K.K. SREESHAYALM HOUSE, KOTTAM P.O. MUNDDOOR 670 622** **ADDLR28 PRAMODAN K.K. KELOTHUMKANDY HOUSE, P.O. MUNDALURE, KANNUR 670 622** **ADDLR29 PRAKASAN K., THAVAROOL, KUZHICHAL HOUSE, CHENGLAYI P.O. SREEKANDAPURAM KANNUR DISTRICT 670 301** **ADDLR30 DINENDRAN K.K., KAKKADANKANDY, PERINGANAM P.O., THILLENKERY** ## **ADDLR31 ANIL KUMAR KATTAMBALLI CHAKKARACKAL P.O. MAMBA, KANNUR DISTRICT** **ADDL. RESPONDENTS 16 TO 31 IMPLEADED AS PER ORDER DATED 18.12.2015 IN I.A. NO.18015/2015** **R7 BY ADV. SRI.K.R.AVINASH (KUNNATH) R7 BY ADV. SRI.ABDUL RAOOF PALLIPATH R11 BY ADV. SRI.M.V.AMARESAN R11 BY ADV. SRI.V.N.RAMESAN NAMBISAN R4 BY ADV. SRI.B.PREMNATH (E) R13 -R14 BY ADV. SRI.R.SURENDRAN R12 BY ADV. SRI.M.SASINDRAN R8 BY ADV. SRI.CIBI THOMAS R6 BY ADV. SRI.M.A.AUGUSTINE R6 BY ADV. SRI.K.SHAJAHAN R3 BY ADV. GOVERNMENT PLEADER R16-R31 BY ADV. SRI.C.K.SREEJITH R15 BY ADV. SRI.K.V.SOHAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 22648 of 2015 (E)** ## **----------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS -------------------------------------** - **P1 - TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITITIONER DT. 31.12.07.** - **P2 - TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DT. 27.4.09.** - **P3 - TRUE COPY OF THE RESOLUTION TAKEN BY THE THRIPRANGOTTUR GRAMA PANCHAYATH DT. 30.11.2013 DECIDED TO APPOINT THE 3RD PETITIONER.** - **P4 - TRUE COPY OF THE RESOLUTION TAKEN BY THE KUTTIYATTOOR GRAMA PANCHAAYATH DT. 12.11.08 DECIDED TO APPOINT THE 4TH PETITIONER.** - **P5 - TRUE COPY OF THE RESOLUTION DT. 30.8.06 TAKEN BY THE AYYANKUNNU GRAMA PANCHAYATH, BY WHICH THE 5TH PETITIONER WAS APPOINTED.** - **P6 - TRUE COPY OF THE RESOLUTION OF THE KALLIASSERY GRAMA PANCHAYATH DT. 04.12.06 DECIDED TO APPOINT THE 7TH PETITIONER.** - **P7 - TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH PETITIONER DT. 19.5.12.** - **P8 - TRUE COPY OF THE RESOLUTION DT. 25.5.07 PASSED BY KARIVALLOOR - PERALAM GRAMA PANCHAYATH, DECIDED TO APPOINT THE 9TH PETITIONER.** - **P9 - TRUE COPY OF THE RESOLUTION OF THE KUNNOTHU PARAMBA GRAMA PANCHAYATH DT. 07.07.09 DECIDED TO APPOINT THE 10TH PETITIONER AS DRIVER.** - **P10 - TRUE COPY OF THE RESOLUTION OF THE KATHIROOR GRAMA PANCHAYATH DT. 30.3.2012 DECIDED TO APPOINT THE 12TH PETITIONER.** - **P11 - TRUE COPY OF THE RESOLUTION ISSUED BY THE 3RD RESPONDENT DT. 22.4.2013.** - **P12 - TRUE COPY OF THE ORDER DT. 09.7.2015 ISSUED BY THE 1ST RESPONDENT.** - **P13 - TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DT. 10.7.2015.** - **P14 - TRUE COPY OF THE RESOLUTION TAKEN BY THE PAYYAVOOR GRAMA PANCHAYATH DT. 13.5.2013.** - **P15 - TRUE COPY OF THE RESOLUTION TAKEN BY THE KURUMATHOOR GRAMA PANCHAYATH DT. 18.2.2015.** - **P16 - TRUE COPY OF THE RESOLUTION TAKEN BY THE THRIPANGOTTUR GRAMA PANCHAYATH DT. 31.01.2014.** **...2** **-2-** ## **WP(C).No. 22648 of 2015 (E)** - **P17 - TRUE COPY OF THE RESOLUTION TAKEN BY THE AYYANKUNNU GRAMA PANCHAYATH DT. 26.4.2013.** - **P18 - TRUE COPY OF THE RESOLUTION TAKEN BY THE KOTTIYOOR GRAMA PANCHAYATH DT. 10.2.2015.** - **P19 - TRUE COPY OF THE REQUEST MADE BY THE KARIVALLUR - PERALAM GRAMA PANCHAYATH TO THE 3RD RESPONDENT DT. 13.3.2015.** - **P20 - TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DT. 29.12.07.** **RESPONDENT(S)' EXHIBITS** - **---------------------------------------** - **R16: TRUE COPY OF THE ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI.SATHEESAN M. DATED 01.09.2015** - **R17: TRUE COPY OF THE ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI.RAJAN ERAYI DATED 01.09.2015** - **R18: TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI.BIJU R. DATED 01.09.2015** - **R19: TRUE COPY OF THE ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI.PRAKASHAN K.V. DATED 01.09.2015** - **R20: TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI.RAJEESH KOLLAM DATED 01.09.2015** - **R21: TRUE COPY OF THE ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI.SUNIL A.V. DATED 01.09.2015** - **R22: TRUE COPY OF THE ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI.MANISH KUMAR A DATED 01.09.2015** - **R23: TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI.MADHU V. DATED 01.09.2015** - **R24: TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI. LATHEESH N.K. DATED 01.09.2015** - **R25: TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI. SHAMMI C.V. DATED 01.09.2015** - **R26: TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI. PRADEEPAN T.K. DATED 01.09.2015** - **R27: TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE COMMISSION TO SRI. JYOTHISH K.K. DATED 01.09.2015** **...3** ## **WP(C).No. 22648 of 2015 (E)** **-3-** |**R28:**|**TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE**| |---|---| ||**COMMISSION TO SRI. PRAMODAN K.K. DATED 01.09.2015**| |**R29:**|**TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE**| ||**COMMISSION TO SRI. PRAKASAN K. DATED 01.09.2015**| |**R30:**|**TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE**| ||**COMMISSION TO SRI. DINENDRAN K.K, DATED 01.09.2015**| |**R31:**|**TRUE COPY OF ADVICE MEMO ISSUED BY THE PUBLIC SERVICE**| ||**COMMISSION TO SRI. ANIL KUMAR DATED 01.09.2015**| **//TRUE COPY//** **P.A. TO JUDGE** **JJJ** ## **K. VINOD CHANDRAN, J.** -----------------------------------------W.P.(C) No. 22648 of 2015 (E) -----------------------------------------Dated this the 22[nd] day of March, 2016 ## **J U D G M E N T** The petitioners claim that they were persons who were appointed as Drivers during various periods, after due selection process by the Panchayat. It is an admitted fact that the petitioners were appointed to posts which were not sanctioned and were continued on a daily wage basis. The petitioners claim that the Panchayat had requested for regularization of their employment. 2. The learned Counsel appearing for the various would contend that there was no Panchayats regularization sought for, but, the permission sought for was for sanction of posts. The learned Counsel for the petitioners alertly points out that as per the ## **W.P.(C) No. 22648/2015** **-2-** resolution produced as Ext.P14, the Panchayat had, in fact, sought for regularization. 3. Considering the conflicting contention, it is to be noticed that regularising persons to sanctioned posts, after having continued them for long on a temporary basis, goes against the dictum laid down by the Hon'ble Supreme Court in **State of Karnataka and others v. Umadevi - (2006) 4 SCC 1** . 4. In any event, now the Panchayats and the Government have come forward specifically contending that regular hands have been advised after a selection conducted by the Kerala Public Service Commission. The selection was conducted after the sanction of permanent posts in the various Panchayats. In such circumstance, on the regular hands joining duty, necessarily, petitioners would have to be terminated. ## **W.P.(C) No. 22648/2015** **-3-** The writ petition, hence, would stand dismissed. No costs. Sd/K.VINOD CHANDRAN, JUDGE jjj 22/3/16