(1) THE appellant bank invited applications for the post of clerk-cum-cashier, data entry officer and peons vide notification published in the Express Daily dated 10.11.1994. So far as vacancy for the post of data entry officer is concerned, it is only one.

(2) ON completion of the selection process, the respondent no. 1 was included in the list as having secured second rank while one Mr. T.D. Roily stood first. Mr. Roily joined the service and he was appointed as data entry officer. After some time, he resigned from service as he got better placement in some other institution. The respondent no. 1, it appears, approached the bank and requested to appoint him in that vacancy. Though he was appointed temporarily, he was not given permanent employment. Under those circumstances, the respondent no. 1 approached the High Court for a direction that he should be appointed on permanent basis. The High Court examined the matter and found that when the previous incumbent, who had been selected, had left the post and vacancy being available, the appropriate course was to have appointed the respondent no. 1 and he had a right to be considered for the appointment.

(3) WE