Home Case Index All Cases Central Excise Central Excise + SC Central Excise - 1996 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1996 (4) TMI 121 - SC - Central ExciseWhether the High Court was justified in issuing the mandamus to the appellant to make recruitment of the Writ Petitioners? Held that:- We have no hesitation in coming to the conclusion that such appointments by the Appointing Authority have been made contrary to the provisions of the Statutory Rules for some unknown reason and we deprecate the practice adopted by the Appointing Authority in making such appointments contrary to the Statutory Rules. But at the same time it is difficult for us to sustain the direction given by the High Court since, admittedly, the life of the select list prepared on 4-4-1987 had expired long since and the respondents who claim their rights to be appointed on the basis of such list did not have a subsisting right on the date they approached the High Court. We may not be understood to imply that the High Court must issue such direction, if the writ petition was filed before the expiry of the period of one year and the same was disposed of after the expiry of the statutory period. In view of the aforesaid conclusion of ours it is not necessary to deal with the question whether the stand of the State Government that there existed one vacancy in the year 1987 is correct or not. Appeal allowed.
|