J U D G M E N T

The petitioner was included in the rank list prepared for the post of Tapping/General Worker Supervisor of the second respondent-company. This company is a joint venture of the Government of India and Government of Kerala. The petitioner was ranked 11. By Ext.P3 proceedings dated 5.12.2008, 10 persons were selected considering the vacancy at the relevant point of time. The 10th person is Sri.Packyanathan. Since there were no other vacancies, the petitioner was not considered for the post. However, the appointment of Sri.Packyanathan was interfered by the company on a finding that he obtained appointment by committing fraud by showing wrong date of birth. Sri.Packyanathan was removed from the service on 3/8/2010. The petitioner now raised a claim to be appointed in the vacancy created consequent upon removal of Sri.Packyanathan.

2. In the counter affidavit filed by the company, it is stated that the vacancy of Sri.Packyanathan was subject matter of subsequent selection for WPC 26339/2012 the year 2011-2012. It is further stated that the petitioner had taken part in the subsequent process for selection and that she was unsuccessful. It is therefore, submitted that all t