S SUJILAL Vs. STATE OF KERALA

JUDGEMENT

(1.) ON 03.03.2011 in I.A. No. 147 of 2011 this Court issued a direction to the 2nd respondent not to appoint anybody in the cadre in which the appellants claim employment in the 2nd respondent Company during the pendency of this appeal. Again, a submission is made that the appellants have submitted fresh representation (Annexure VI) dated 15.12.2011 and the same is pending before the Government for consideration.

(2.) THE original petition was filed challenging the rejection of Government to consider the appointment of appellants based on preferential right on the ground that they were already included in the rank list of 2005. However, the learned Single Judge rejected the claim of the appellants and the said judgment is impugned in this appeal. Meanwhile, stay came to be granted on 03.03.2011 as stated above. Now, in pursuance of Annexure V notification, the Company has to make appointments and the entire proceedings are stalled on account of the stay order dated 03.03.2011.

(3.) WE have considered the rival contentions of the parties. We are of the opinion, nothing comes in the way of Government considering the representation of the appellants in accordance with the procedure contemplated. In that view of the matter, we vacate the stay order dated 03.03.2011 directing the 2nd respondent to proceed with the selection process. But, however, the appointments in pursuance of Annexure V would be subject to the result of the consideration of the representation of appellants dated 15.12.2011 by the State Government.