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1996 Supreme(SC) 1514

G.B.PATTANAIK, K.RAMASWAMY
U. P. State Road Transport Corporation – Appellant
Versus
Gobardhan – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the Allahabad High Court made on August 31, 1995 in Writ Petition 6727/93. For the recruitment in the year 1980, the Regional Manager of the appellant-corporation had prepared a waiting list of 414 candidates to be recruited during peak season or during suspension of any conductors or against leave vacancy for 15 days or one month. It would appear that the list continued for 1980-81,1981-82 and 1982-83. The appointments were to be made during the peak season by notification in the newspapers and whoever would come within 7 days would be given appointment. Thereafter, in respect of absentees, seniority was not being adhered to and juniors were given appointments. It would appear that the respondent is one of the candidates placed in the seniority list. Since he had not received the intimation, he did not join during the peak seasons. He filed a writ petition in 1993 challenging his non-appoint, he took the plea that those juniors to him were already appointed and some of them were even regularised. The High Court has accepted the contention and given the direct





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