Smt. Deepika Jain vs Akhil Jain

(1) In the present intra Court appeal, the order dated 13.10.2016 passed in Writ Petition No.2035/2016 has been assailed by which the petition in question has been dismissed.

(2) The appellant/petitioner in the writ petition had prayed that after having rendered 43 years of service by virtue of which he is entitled for pension under the Madhya Pradesh (Work Charged and Contingency Paid Employees) Pension Rules, 1979 but despite having represented number of times he has not been paid the pension and arrears of interest accrued to him due to delayed payment of back wages and gratuity.

(3) The writ Court has dismissed the petition by holding that the petitioner was initially terminated in the year 1972 and, thereafter, fought for service benefits by filing civil suit which culminated in the judgment and decree passed by this Court in Second Appeal No.202/1976 on 24.01.1991. Since then, more than 40 years period has passed, there is no explanation with regard to huge delay in filing this petition and accordingly held that no indulgence is warranted by this Court in exercise of jurisdiction under Article 226 of the Constitution of India and dismissed the petition.

(4) There is no explanation submitted by the appellant with regard to huge delay and as such the learned Single Judge was right in dismissing the writ petition. Apart from the question of delay, even on merits also the relief cannot be granted to the appellant in view of the law laid down in the Full Bench decision of this Court in Mamta Shukla Vs. State of M.P. and Others reported in 2011 (3) M.P.L.J. 210.

(5) Accordingly, the order passed by the learned Single Judge cannot be found fault with in view of the law laid down in Mamta Shukla (supra) and as such the Writ Appeal is dismissed.