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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Betal Singh Mahore – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Hirdesh, J.
1. This intra-Court Appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 20-12-2024 passed by learned Single Judge in Writ Petition No. 510 of 2019, whereby the writ petition filed by appellant (writ petitioner therein) has been dismissed.
2. In a narrow compass, the facts giving rise to present appeal are that in pursuant to selection process initiated by MP Jail Department for the post of Jail Warder (Prahari) in 1989 and on completion of interview, appellant being a Scheduled Caste candidate, was found place at Serial No.12 in the merit list dated 20-06-1989 and the candidates at Serial Nos.1 to 11 in the merit list were given appointment. Later on, after a period of two months, although the initial merit list dated 20-06-1989 was in existence for a period of one year, the Superintendent, Central Jail, Gwalior prepared an additional merit list on 28-08-1989 out of which, five candidates belonging to Scheduled Caste Category got appointment whose names were found place at Serial Nos.19, 25, 38, 45 and 51 in the merit list. Therefore, the appellant preferred a miscellaneous pe
Jurisdictional limits of administrative commissions prevent them from adjudicating compensation claims, and claims can be dismissed based on delay and res judicata principles.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
Delay and laches are fatal in service matters, and unexplained delays in seeking appointment can bar claims, reinforcing the necessity for timely action in judicial proceedings.
The principle of delay and laches is flexible in cases involving recurring causes of action, particularly in pension matters, and charges of misconduct must be substantiated by assigned duties.
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