MANJULATA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant, who had been impleaded as a respondent in Writ Petition No. 240 of 1996 giving rise to the present Letters Patent Appeal, feels aggrieved by the impugned order of the learned Single Judge whereunder allowing the writ petition in part while negativing the claim of the petitioner in that case, the appointment of the present appellant had been quashed with a direction to the respondents No. 1 to 3 requiring them to advertise and fill up the vacancy if available in the post of Homeopathy Chikitsak according to law.

(2.) THE appellant has now come up in appeal against the aforesaid order seeking redress praying for dismissal of the writ petition in its entirety setting aside that part of the order whereunder her appointment has been quashed.

(3.) THE facts in brief, shorn of details and necessary for disposal of this case lie in a narrow compass. The writ petition giving rise to this appeal had been filed by Dr. Kesav Das Sharma impleading the State of Madhya Pradesh through the Secretary, Local Self Government, Government of Madhya Pradesh; The Municipal Corporation Gwalior, through its Commissioner, the Commissioner, Municipal Corporation Gwalior and Smt. Manjulata, the present appellant. The petitioner had prayed for quashing of the order dated 18.10.1995 issued by the Commissioner, Nagar Nigam Gwalior whereunder pursuant to the resolution of Sthayee Samiti of the Municipal Corporation dated 21.8.1995 and considering the creation of the post of Homeopathy Chikitsak and the relaxation granted by the State Government to accommodate Smt. Manjulata, she had been appointed on the newly created post of Homeopathy Chikitsak in the time -scale of pay of Rs. 1600 -27000 with admissible allowances on a temporary basis with immediate effect subject, however, to any further order. The petitioner had prayed for a direction to the respondents No. 1 to 3 to consider his case for promotion on the post of Homeopathy Chikitsak.