Jurisdictional limits of administrative commissions prevent them from adjudicating compensation claims, and claims can be dismissed based on delay and res judicata principles.

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 petition (MP No.2260 of 1990) challenging the illegal appointment of those five candidates. The said miscellaneous petition was dismissed as withdrawn vide order dated 21-11-1990 with liberty to the appellant to file a fresh petition in the event if occasion arises.

3. Again, appellant preferred a second miscellaneous petition (MP No.166 of 1991) challenging his non-selection, which was later on transferred to MP State Administrative Tribunal and was registered as TA No.88 of 1993. After abolition of State Administrative Tribunal, the matter was transferred to the High Court which was renumbered as Writ Petition No.2826 of 2003 and the same was dismissed on 14-07-1995 on the ground of non-maintainability of second petition for the same cause of action.

4. Being aggrieved, a Special Leave Petition No.26804 of 2005 was preferred before the Hon'ble Supreme Court, which was also dismissed. After dismissal of said SLP, a review petition was filed by which the order of SLP was affirmed vide order dated 03-05-2006.

5. After a lapse of 7 years, i.e. in the year 2013, a fresh writ petition i.e. WP No.5384 of 2013 was preferred by appellant against inaction of respondents/authorities inter alia alleging therein that in the initial merit list dated 20-06- 1989 his name was found place at Serial No.12 and on the basis of additional merit list prepared on 28-08-1989, three candidates (respondents No.6 to 8 therein) who were below the merit list, got appointment as Jail Warder (Prahari) in the year 1990 respectively and this fact came to his knowledge on 21^st of April, 2011 and on receipt of information through Right to Information Act, he filed aforesaid Writ Petition, challenging the illegal appointment. Such writ petition was dismissed vide order dated 17^th of March, 2016 on the ground of delay and laches as well as being barred by principle of res judicata.

6. Being dissatisfied, the appellant preferred a Writ Appeal No.120 of 2016 which was withdrawn vide order dated 29-06-2016 with liberty to the appellant to institute the proceedings seeking compensation in accordance with law before the appropriate Forum.

7. In pursuance of aforesaid liberty, the appellant approached MP State Scheduled Caste Commission and the Commission vide award dated 28^th of May, 2018