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NEUTRAL CITATION NO. 2026:MPHC-GWL:3966

1 WA-220-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE G. S. AHLUWALIA

&

HON'BLE SHRI JUSTICE ASHISH SHROTI

th

ON THE 30 OF JANUARY, 2026

WRIT APPEAL No. 220 of 2026

HEMBATI D/O SHRI KAMAL SINGH

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Kamal Kumar Jain - Advocate for the appellant.

Shri C.P. Singh- Government Advocate for the State.

ORDER

Per: Justice Gurpal Singh Ahluwalia

This writ appeal under Section 2(1) of Madhya Pradesh Uchcha

Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed

against order dated 06/03/2024 passed by learned Single Judge in Writ

Petition No.22504/2023.

2. Heard on I.A.No.929/2026, an application for condonation of

delay.The writ petition filed by appellant has been dismissed on the ground

of delay. The impugned order was passed by writ Court on 06/03/2024

whereas this appeal has been filed on 19/01/2026 i.e. after about one year and

ten months.

3. It is the case of the appellant that appellant had filed a writ petition

for a direction to respondents to decide her representation for her

Signature Not Verified

Signed by: PRINCEE

BARAIYA

Signing time: 03-02-2026

17:23:38

NEUTRAL CITATION NO. 2026:MPHC-GWL:3966

2 WA-220-2026

appointment on the post of Samvida Shala Shikshak Grade-III, which has

been dismissed by learned Single Judge on the ground that appellant has

come after delay of 12 years and the post of Samvida Shala Shikshak Grade-

III has also merged into Adhyapak and thereafter, in an Assistant

Teacher/Madhyamik Teacher. Therefore, much water has flown since 2012.

It is submitted that appellant was not seeking any direction from this Court to

respondents to give appointment, but only a representation was sought to be

decided by respondents, therefore, learned Single Judge should not have

dismissed the writ petition on the ground of delay and laches.

4. Considered the submissions made by counsel for appellant.

5. The Supreme Court in the case of State of Uttaranchal v. Shiv

Charan Singh Bhandari, reported in (2013) 12 SCC 179 has held as under:-

“19. From the aforesaid authorities it is clear as crystal that even if

the court or tribunal directs for consideration of representations

relating to a stale claim or dead grievance it does not give rise to a

fresh cause of action. The dead cause of action cannot rise like

a phoenix. Similarly, a mere submission of representation to the

competent authority does not arrest time.

* * * *

28. Remaining oblivious to the factum of delay and laches and

granting relief is contrary to all settled principles and even would

not remotely attract the concept of discretion. We may hasten to

add that the same may not be applicable in all circumstances

where certain categories of fundamental rights are infringed. But,

a stale claim of getting promotional benefits definitely should not

have been entertained by the Tribunal and accepted by the High

Court.”

Signature Not Verified

Signed by: PRINCEE

BARAIYA

Signing time: 03-02-2026

17:23:38

NEUTRAL CITATION NO. 2026:MPHC-GWL:3966

3 WA-220-2026

6. The Supreme Court in the case of C. Jacob v. Director of Geology

and Mining reported in (2008) 10 SCC 115 has held as under:-

“10. Every representation to the Government for relief, may not be

replied on merits. Representations relating to matters which have

become stale or barred by limitation, can be rejected on that

ground alone, without examining the merits of the claim. In regard

to representations unrelated to the Department, the reply may be

only to inform that the matter did not concern the Department or

to inform the appropriate Department. Representations with

incomplete particulars may be replied by seeking relevant

particulars. The replies to such representations, cannot furnish a

fresh cause of action or revive a stale or dead claim.”

7. The Supreme Court in the case of Union of India v. M.K. Sarkar

reported in (2010) 2 SCC 59 has held as under:-

"15. When a belated representation in regard to a 'stale' or 'dea