Smitha T.Pillai vs Joint Registrar (General) on 9 May, 2015
In Delson Davis (supra), the facts, as could be
seen from the judgment, are substantially similar to the
facts in the present case. The appellant Bank invited
applications for the posts of Clerk-cum-Cashier, Data Entry
Operator, and Peons through a notification dated
10.11.1994. The notification contained only one vacancy of
Data Entry Operator. On completion of the selection
process, the Bank appointed the person who stood first in
the rank list to the post of Data Entry Operator. The first
WPC 19353/15 22
respondent secured the second rank. After some time, the
person who was appointed as the Data Entry Operator
resigned from service. Claiming the vacancy thus arose, the
first respondent approached the Bank. Though he was
appointed temporarily, he was not given permanent
employment.