Kerala High Court
Vimal Kumar P vs State Of Kerala on 15 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WP(C).No.5954 OF 2021(T)
PETITIONER:
VIMAL KUMAR P.,
AGED 58 YEARS
GEETHA SADANAM, PRAYAR SOUTH, ALUMPEEDIKA P.O.,
CLAPPANA, KOLLAM ,PIN-690 528
BY ADV. SRI.M.R.SASITH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVERNMENT
INSTITUTIONS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 DIRECTOR OF PANCHAYATH
PUBLIC OFFICE BUILDING, MUSEUM P.O.,
THIRUVANANTHAPURAM,PIN-695001
3 DEPUTY DIRECTOR OF PANCHAYATH
1ST FLOOR, COLLECTORATE, KOLLAM,PIN-691 013
4 CLAPPANA GRAMA PANCHAYATH,
VARAVILA P.O., KOLLAM, REPRESENTED BY ITS SECRETARY,
PIN-690 528
5 THE SECRETARY,
CLAPPANA GRAMA PANCHAYATH, VARAVILA P.O., KOLLAM,
REPRESENTED BY ITS SECRETARY, PIN-690 528
R4-5 BY ADV. SHRI.SIJU KAMALASANAN, SC, CLAPPANA
GRAMA PANCHAYAT
SR GP BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, ALONG WITH WP(C).1069/2021(G), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.5954 OF 2021 & WP(C).No.1069 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
WP(C).No.1069 OF 2021(G)
PETITIONER:
A.P.KURYAN
AGED 48 YEARS
S/O. PODIYAN, KUZHAYKATTU VADAKETHIL, ILLAMBAL,
MADAPPARA, KOLLAM.
BY ADVS.
SRI.B.S.SYAMANTHAK
SMT.BINDUMOL JOSEPH
SHRI.SRIVIDYA K
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO LOCAL SELF
GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF PANCHAYATH
PUBLIC OFFICE BUILDING, MUSEUM P.O.,
THIRUVANANTHAPURAM-695 033.
3 DEPUTY DIRECTOR OF PANCHAYATH
IST FLOOR, COLLECTORATE, KOLLAM, PINCODE-691 013.
4 VILAKKUDI GRAMA PANCHAYAT
KUNNICODE P.O., KOLLAM DISTRICT, KERALA-691 508
REPRESENTED BY ITS SECRETARY.
5 THE SECRETARY
VILAKKUDI GRAMA PANCHAYAT, KUNNICODE P.O., KOLLAM
DISTRICT, KERALA-691 508.
R4-5 BY ADV. SRI.M.R.SASITH
WP(C).No.5954 OF 2021 & WP(C).No.1069 OF 2021
3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, ALONG WITH WP(C).5954/2021(T), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.5954 OF 2021 & WP(C).No.1069 OF 2021
4
JUDGMENT
[ WP(C).5954/2021, WP(C).1069/2021 ]
Dated this the 15th day of March 2021
The petitioners herein are persons working as Drivers in the
respective Panchayats. They contend that the attempt of the
Panchayats to terminate their services, to replace them by other
temporary employees on the same basis, is unwarranted and is
informed by malafides and extraneous considerations.
2. I notice that the petitioners are engaged as drivers in
the Panchayats. The post of driver in the Panchayat is a post
borne on the Panchayat Common Service and the petitioners,
therefore, have to approach the Kerala Administrative Tribunal
for redressal of their grievances.
In the above view of the matter, the writ petitions are closed
WP(C).No.5954 OF 2021 & WP(C).No.1069 OF 2021
without prejudice to the contentions of the petitioners and their
right to approach the KAT. However, the petitioners' services
shall not be terminated for a period of three weeks to enable them
to approach the KAT.
Sd/-
ANU SIVARAMAN
JUDGE
ssa
WP(C).No.5954 OF 2021 & WP(C).No.1069 OF 2021
APPENDIX OF WP(C) 5954/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE EXPERIENCE
ISSUED BY THE 5TH RESPONDENT DATED 8.1.2021
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION GIVEN BY
THE PETITIONER BEFORE THE 5TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATEDD
14.01.2021 IN WPC NO.1069/2021
EXHIBIT P4 TRUE COPY OF INTERIM ORDER DATED 1.11.2017
IN WRIT APPEAL NO.1417/2017
WP(C).No.5954 OF 2021 & WP(C).No.1069 OF 2021
APPENDIX OF WP(C) 1069/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED
4.11.2020.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED
10.11.2010 IN WRIT PETITION (CIVIL)
NO.26662/2005 AND CONNECTED MATTERS
EXHIBIT P3 A TRUE COPY OF THE INTERIM ORDER DATED
1.11.2017 IN WRIT APPEAL NO.1417/17.
EXHIBIT P4 A COPY OF THE INTERIM ORDERS DATED
12.4.2018 IN WRIT APPEAL NO.875/2018.
