GWALIOR DEVELOPMENT AUTHORITY Vs. KIRAN VASUDEV & OTHERS

JUDGEMENT

(1.) This appeal under Section 2 (1) of Madhya Pradesh Uchcha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 07.03.2010 passed in Writ Petition No.4521/2010.

(2.) The Writ Petition at the instance of the respondent No.1 was for the direction to present appellant for considering her for regularization with seniority from the date of her junior (respondent No.3) was regularized on the contention that, she has been discriminated in non consideration for regularization. The claim was denied. Learned Single Judge after taking into consideration the rival contention and adverting to the cogent material on record upheld the claim that respondent was discriminated as to regularization, on the finding that, though eligible was not considered alongwith her contemporaries. However, instead of directing the appellant to consider the claim of the respondent, learned Single Judge directed for regularization, by creating vacancy, if there is no vacancy and for consequential benefit :

(3.) Evidently, decision in State of Karnataka and Others Vs. C.Lalitha, (2006) 2 SCC 747 has been relied upon while directing the Authorities to regularize by even creating vacant post. In C.Lalitha , the issue was of different nature than the present case which can be perceived from the verdict therein, reproduced below in extenso: