Eldhose George vs State of Kerala

S. Siri Jagan, J.—While the petitioner was working as a daily wage driver in the Forest Range Office, applications were invited by the Police Department for the post of Heavy Duty Drivers. The petitioner''s name was forwarded by the Employment Exchange. The petitioner appeared for a driving test on 14.5.1999. Pursuant to the same, appointments were made as per the select list prepared. But the petitioner was not selected for such appointment. The petitioner earlier approached this Court by filing O.P. No. 34216/2002 seeking a direction to the respondents to appoint the petitioner to the post of Heavy Duty Driver in the Police Department. In that original petition, the State took the contention that the petitioner was included in the final select list but, only two vacancies were available and therefore the petitioner could not be appointed. Accepting that contention, this Court dismissed the original petition by judgment dated 25.5.2006. The petitioner now seeks a direction to the respondents to appoint the petitioner to the post of Heavy Duty Driver in accordance with the select list prepared in 1999.

I have heard the learned Counsel for the petitioner as also the learned Government Pleader. Having suffered an adverse judgment in O.P. No. 34216/2002, the petitioner cannot now resurrect his claim once again by filing another writ petition. Even otherwise, I do not think that, in 2010, I can direct the Government to make appointment from a rank list prepared in 1999. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed.