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1999 Supreme(SC) 657

J.JAGANNADHA RAO, M.B.SHAH
S. Prakash – Appellant
Versus
K. M. Kurian – Respondent


Judgment

Shah, J.-Leave granted.

These appeals are filed against the common judgment and order passed in Original Petition Nos. 11764 of 1996, 6540, 12539 and 13871 of 1997 and W.A. Nos. 1842 and 1938 of 1996, 84 and 351 of 1997 by the Division Bench of the Kerala High Court on 16th April, 1998. Persons selected to the post of Sales Tax Officers in the Agricultural Income Tax and Sales tax Department by the Kerala Public Service Commission filed petitions in the High Court. They were selected and included in the ranked list published by the Commission on 13th May, 1995 which was to expire on 12th May, 1998. As authorities failed to appoint them against the vacancies that arose in the quota earmarked for direct recruits and since only a limited number of candidates have been appointed, they approached the Court for a mandamus and consequential directions. The learned Single Judge of the High Court of Kerala arrived at the conclusion that Rule 5 deals with the subject-matter governed by the Special Rules and both have to be harmoniously read and understood. Therefore, direct recruitment to 20 of the vacancies provided in the Special Rules shall be worked out on the basis of the provi















































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