1999 (5) TMI 595

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....hese appeals are directed against the judgment of the Bombay High Court dated 3-8-1995 refusing to issue a mandamus to the respondents to recruit him to the post to which he was selected as well as against the order refusing to review the said judgment dated 3-8-1995. The appellant undisputably was selected for the post of Assistant Personnel Officer meant for a Scheduled Tribe category. He had pr....

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....ider the case of the appellant for appointment to the post of Assistant Personnel Officer for which he had been duly selected. After the said judgment the appellant approached the authority but the authority not having given the appointment in question, he again moved the High Court. By the impugned judgment, the High Court was persuaded to accept the contention of the Maharashtra State Electricit....

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....st, some other person having been appointed. Mr. Bhasme, the learned Counsel appearing for the Board, on the other hand, contended that subsequent to the earlier order of the High Court, the appellant did move in a contempt petition and that contempt petition was dropped which would substantiate the stand of the Board that they have not violated the Court's direction and therefore in the absen....

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....ht of the appellant to be appointed against the post to which he has been selected cannot be taken away on the pretext that the said panel has in the meantime expired and the post has already been filled up by somebody else. Usurpation of the post by somebody else is not on account of any defect on the part of the appellant, but on the erroneous decision of the employer himself. In that view of th....