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1997 DIGILAW 134 (SC)

Managing Director, Bharat Heavy Plate and Plate and Vessels Ltd. v. T. Ramalaxmi

1997-01-24

A.M.AHMADI, G.B.PATTANAIK, SUJATA V.MANOHAR

body1997
JUDGMENT : 1. Special leave granted. 2. Having heard learned counsel for the parties, we find it difficult to sustain the impugned order of the High Court. Once there is a list of candidates belonging to the same class, namely, those to be granted employment on compassionate grounds, as and when vacancies arise, the appointments must be made in accordance with each candidate's placement in the waiting list and no candidate can be permitted to jump the queue by obtaining a Court's order. If that is allowed, those above that candidate will have a grievance of having been unjustly treated as it would be impossible to deny them appointment. If they come, at a later stage, to the High Court contending that since their junior in the list has been given an appointment pursuant to the Court's order, all of them also should be given appointments regardless of whether there exist vacancies or not, the appellants would be compelled to create supernumerary posts for accommodating them. Such a situation cannot be countenanced. That will be the result of implementing the impugned order. We, therefore, allow the appeal, set aside the impugned order and hold that the writ petition was misconceived and ought to have been dismissed. We direct that the writ petition shall stand dismissed. No costs.