MADHYA PRADESH HIGH COURT ISSUES ORDER ON RAMJI PRASAD TIWARI V/S THE STATE OF MADHYA PRADESH AND OTHERS

JABALPUR, India, Feb. 7 -- Madhya Pradesh High Court issued the following judgment/order on Jan. 8:

1. By taking exception to the order dated 11.07.2023, whereby the writ petition preferred by the appellant has been dismissed by the learned Single Judge in Writ Petition No.13237 of 2016, the appellant has preferred instant intra court appeal under Section 2(1) of Madhya Pradesh Uccha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.

2. Heard Shri Bhole Nath Sharma, Advocate on the question of admission.

3. Short facts of the case are that the appellant was working on the post of LDT and he was suspended due to some allegations and during this period, his junior was promoted to the post of UDT by order dated 06.12.1966. Thereafter, the appellant made several representations for giving him promotion w.e.f. 06.12.1966 and by order dated 23.11.1996, he was given promotion to the post of UDT however, it was mentioned in the promotion order that promotion shall be on the basis of "No Work No Pay". The promotion order dated 23.11.1996 was never challenged by the appellant and after attaining superannuation, for the first time, the appellant preferred WP No.7861 of 2009 contending that his retiral pensionary claim has not been settled. The petition was disposed of by order dated 19.07.2012 directing the Joint Director, Treasury and Accounts, Jabalpur to ensure the payment of pension and all other dues. The order was not complied with, therefore, the appellant preferred a contempt petition and during the pendency of contempt petition, the respondent fixed the seniority of appellant and also extended some monetary benefits and accordingly, the contempt proceedings were dropped. Thereafter, for the first time, the appellant claimed that he was entitled for consequential benefits on account of his promotion w.e.f. 06.01.1967 till 18.01.1988 from when he was already extended the consequential benefits.

4. Learned Single Judge declined to grant the relief to the appellant on the ground firstly that in the promotion order dated 23.11.1996 condition of "No Work No Pay" was mentioned and the appellant never challenged that order during his service or thereafter. Secondly, the relief was declined on the ground of delay as the appellant superannuated in the year 2001, but he approached this Court for the first time in 2009 i.e. after 8 years of his retirement and 13 years of promotion.

5. In view of learned Single Judge, the cause of action is not recurring in nature and, therefore, the appellant is not entitled for any relief due to inordinate delay and latches.

6. Learned counsel for appellant submits that the appellant filed WP No.786 of 2009, which was disposed of by order dated 09.07.2012 and, thereafter, he preferred Contempt Petition No.858 of 2013, wherein it was intimated to the Court that in compliance of order dated 09.07.2012, the monetary benefits has been extended to the appellant from 1988 and, therefore, the cause of action arose for the first time to the appellant to file the second petition seeking the monetary benefits w.e.f. 06.01.1967. He further submits that the learned Single Judge has erred in dismissing the petition on the ground of delay. He prays for setting aside the impugned order and issuance of direction to respondent to extend the consequential monetary benefits to the petitioner w.e.f. 06.01.1967 to 18.01.1988.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2023/WA/1740/WA_1740_2023_FinalOrder_08-01-2026_digi.pdf)

Disclaimer: Curated by HT Syndication.