AIR 2009 SUPREME COURT 1994 ::2009 AIR SCW 1644 ::2009 LAB. I. C. 1454 ::(2009) 122 FacLR 54 ::2009 (2) SCC 479 ::2009 (2) ServLJ 480 SC ::(2009) 2 ServLJ 480 ::(2009) 6 Mad LJ 966 ::2009 (2) LabLN 28 ::(2009) 3 JCR 63 (SC) ::(2009) 2 SCT 73 ::2009 (4) ServLR 6

Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): Satya Brata Sinha, Mukundakam Sharma , JJ

(A) Constitution of India , Art.16, Art.226— Appointment - Appellants amongst others rank listed by Public Service Commission on requisition made by State - No vacancy, however, filled by State - State passing order that no vacancy exists - Order challenged by some rank listed candidates - High Court on finding that vacancy position was wrongly reported directing State to appoint rank listed candidates - Writ, appeal filed by State - Appellants getting impleaded in writ appeal - Writ appellate Court as per concession made by State directing appointment only of original petitioners - Appellants having approached Court belatedly cannot complain of discrimination - Moreover, merely because they are rank listed they have no right to be appointed. (Para 15 18) (B) Constitution of India , Art.16, Art.226— Appointment - Employer has right to fill all posts or not to fill them - Mandamus would not be issued unless discrimination is made in regard to filling up of vacancies. (Para 16) .....