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2019 Supreme(SC) 380

ARUN MISHRA, NAVIN SINHA
KERALA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
AKHILESH V. S. – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Deepak Prakash, AOR Mr. Subhash Choudhary,Adv. Mr. Raneev Dahiya,Adv. Mr. Shashank Menon,Adv. Mr. Dawneesh Shaktivats,Adv. Ms. Sree Devi,Adv. Mr. Nachiketa Vajpayee,Adv. Ms. Divyangna Malik,Adv.
For Respondent(s): Mr. Kaleeswaram Raj,Adv. Romsha Raj,Adv. Mr. Suvidutt M.S., AOR Mr. Aljo K. Joseph, AOR Ms. Shelna K.,Adv. Mr. Haris Beeran,Adv. Mr. Mushtaq Salim,Adv. Mr. Usman Ghani Khan,Adv. Mr. Radha Shyam Jena,Adv. Mr. A. Raghunath, AOR Mr. C.K. Sasi, AOR

JUDGMENT

NAVIN SINHA, J.

Delay condoned.

2. Leave granted. I.A. No.137467 of 2018, application for impleadment, is allowed.

3. The appellant is aggrieved by the direction to make appointments against 97 vacancies on the post of Blacksmith Grade II. The sanctioned cadre strength of the post was 800, of which 395 vacancies were already filled by substantive appointments. The appellant made a requisition for 405 vacancies to the Kerala Public Service Commission (hereinafter referred to as ‘the Commission’), which forwarded a recommendation with regard to 351 vacancies initially, and later for another six posts followed by twenty-three more against non-joining vacancies. The facts, for the purpose of convenience, shall be taken primarily from Civil Appeal arising out of SLP(C) Diary No.21878 of 2018. Respondent Nos. 1 and 2, being applicants, were empaneled at serial nos. 284 and 294 respectively in the rank list. Appointments were made till rank No. 278 only. The rank list has expired on 21.10.2017. The respondents did not allege discrimination or arbitrariness by violation of the rank list in making appointments. The High Court opined that the appellant was obliged to make appointment





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