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2008 Supreme(SC) 962

LOKESHWAR SINGH PANTA, S.B.SINHA
Subha B. Nair – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Appellants are before us aggrieved by and dissatisfied with a judgment and order dated 18.07.2006 passed by the Kerala High Court in Writ Appeal Nos.2275, 2527 and 2622 of 2005 affirming the judgment and order dated 7.9.2005 passed by a learned single judge of the said Court.

3. Recruitment to the posts is made by the respondent No. 4 Commission. A requisition was made for filing up of 214 posts. Allegedly, the respondent No.2 approved only 208 posts. 201 vacancies were filled up. Contending inter alia that the Respondent - Cooperative Bank could fill 16 more vacancies, a writ petition was filed. A learned single judge of the High Court opined that having regard to the approved vacancy position, six more vacancies could be filled up and one vacancy having arisen due to non-joining of the same could also be filled up. A direction was, therefore, issued to fill up seven more vacancies. An intra-court appeal was preferred thereagainst, which by reason of the impugned judgment has been dismissed opining :

“The vacancies already stand reported to the Public Service Commission in implementation of the interim order passed on 10.12.2004 and






























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