The present grievance of the petitioner is against the proceedings initiated for selection and appointment of drivers in Eloor Municipality, as per Ext.P6. By Ext.P3, the Municipality had invited applications for appointment of drivers on temporary basis from among the drivers having experience of not less than ten years. The notification was stated to be published in 'Chandrika Daily' dated 12.07.2012. Thereupon petitioner challenged the engagement of the respondents 2 and 3 also saying that their engagement is a violation of Ext.P2 judgment of this Court in W.P.(C). No.33190/2010. He also alleged that the proceedings for selection has been initiated prescribing ten years experience, solely for the purpose of inducting persons like respondents 2 and 3 who are in good books of the respondents and their higherups.
2. This Court, had passed an interim order staying all further proceedings pursuant to Ext.P6, expressing the
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displeasure on publication of the notification in Chandrika Daily, in its order dated 31.07.2012 in I.A. No.9804/2012.
3. The petitioner had approached this Court at a time when the Municipality had initiated steps for selection of drivers prescribing the experience requisite for submitting the application as 'ten years' and the notification was published in 'Rashtradeepika Daily' dated 25.01.2012. Thereafter during the pendency of the writ petition, they notified the same in 'Chandrika Daily' dated 12.07.2012, prescribing the requisite experience as 'nine years'. It is seen that the Municipality has not proceeded with any further selection on account of the interim order passed by this Court. On account of these, the engagement of drivers on daily wages are continuing, without undertaking any process of selection.
4. According to the petitioner, he alone is kept away from service while persons like respondents 2 and 3 are allowed to continue. At the same time, he has also claimed to have his candidature considered for the selection of appointment as driver in the Municipality.
5. In view of the fact that selection has not been conducted for appointment of drivers in terms of the judgment – Ext.P2,
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which was pronounced on 07.02.2011, it is only just and proper to direct the Municipality to conduct the selection after notifying vacancies in newspapers having due circulation, as directed in Ext.P3 judgment. The notification shall contain the requisite qualifications necessary for the applicants for appointment to the post. While choosing the qualification, it shall not appear that the respondents are proceeding for the selection of persons of their choice avoiding the eligible candidates with the requisite qualification for appointment as driver.
6. While conducting selection, the case of the petitioner shall also be considered, in case, he submits the application for the same.
In the above circumstance, the writ petition is disposed of with a direction to the respondents to complete and finalise the process of selection for appointment of drivers in the Municipality within a period of 'two months' from the date of receipt of a copy of this judgment.
SD/-
P.V. ASHA, JV JUDGE