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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Keshav Prasad Mishra – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
VIVEK JAIN, J.
The present cases have been filed on identical issues and on identical facts, hence they are being taken up and decided by this common order. For the sake of convenience facts shall be taken from WP No.20615/2018, unless otherwise mentioned.
2. The present petitions have been filed by employees who state to have been appointed as Teachers in Tribal Welfare department and the appointment order has been placed on record as Annex.P/2. In some of the cases as the appointment orders are not there, therefore, the petitioners have relied on service books filed along with the rejoinder.
3. It is common ground of all the petitioners that they were appointed in the year 1989 by the order passed by the Additional Commissioner, Tribal Welfare, Shahdol as Assistant Teachers and posted in various schools being run by the said department in District Shahdol.
4. The petitioners have further contended that the initial appointment on the fixed salary was Rs.300/- p.m. and later on, they were even regularized in the service by certain orders passed by the Additional Commissioner, Tribal Welfare in the year 1990.
5. It is further contended that there were certain complaints in the mat
Unexplained delays in filing writ petitions can lead to dismissal, emphasizing the need for timely legal action in employment disputes.
Service-related claims can be enforced even after delays, limited to three years before filing due to continuing wrongs affecting entitlements.
Inordinate delay in challenging termination invalidates claims for relief, emphasizing the need for timely legal action to maintain administrative efficacy.
Compassionate appointments should align with substantive employment rights, and any delay in claims does not negate entitlements when based on continuing wrongs.
The court upheld that employees appointed on compassionate grounds are entitled to be treated as regular employees from their appointment date, ensuring equal pay and benefits as dictated by establis....
The court established that similarly situated employees are entitled to the same benefits as previously determined in comparable cases, ensuring equity in compassionate appointments and rectifying pa....
Petitioners, appointed on compassionate grounds, are entitled to regular pay scales and benefits consistent with earlier court decisions, regardless of the delay in their applications.
Fixed-term compassionate appointments must be treated as regular positions from the date of appointment, granting appropriate pay-scale and benefits, with arrears limited to three years before filing....
Delay and laches bar service claims, particularly where acquiescence and potential impact on third-party rights are involved.
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