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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
SAPTHA STALIN – Appellant
Versus
KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and factual background. (Para 1 , 2) |
| 2. dismissal of writ petition by the single judge. (Para 3) |
| 3. appellants' arguments on statutory duties and rights. (Para 5 , 6 , 7) |
| 4. respondents' defense regarding expired rank list. (Para 8 , 9 , 10) |
| 5. court's analysis on the non-cadre positions. (Para 11 , 12 , 13 , 14) |
JUDGMENT
Dated this the 18th day of December, 2025 Syam Kumar V.M., J This Writ Appeal is filed challenging the judgment dated 25.07.2024 of the learned Single Judge in W.P.(C) No.17663 of 2022. Appellants 1 to 3 were the petitioners in the W.P.(C).
2. Appellants are rank holders in Ext.P2 Ranklist pertaining to the post of Lower Division Clerk (LDC) in the 1st respondent Kerala State Beverages (M&M) Corporation Ltd. (BEVCO). Appellants had in the W.P.(C) contended that BEVCO had failed to discharge its statutory duty to report vacancies to the Public Service Commission (PSC) and, had disregarding earlier precedents laid down by this Court, deliberately chosen not to report to the PSC the vacant LDC posts, which were being filled by temporary or daily-wage employees. Terming that the said non reporting by BEVCO, which is a State instrumen
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