RAKESH KUMAR KHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Aggrieved by the order dtd. 7/4/2022 passed by the learned Single Judge in WP No.7789 of 2022 in directing the respondents for fixation of notional pay starting from April 2019 till date of filing of the present petition, the petitioner is in appeal.

(2.) The learned Single Judge while considering the case of the petitioner was of the view that there is a delay of 38 years in filing the instant writ petition. Therefore, even though he is entitled to pay fixation but the consequential relief of arrears of pay will be admissible only for a period three years prior to making the claim. The writ petition was filed in the year 2022, therefore, from 2019 the relief was granted.

(3.) However, on hearing learned counsel for the appellant, it would transpire that the petitioner was one of the parties agitating the matter before the authorities ever since inception. He was also a party not only in the writ proceedings but also one of the litigants before the Full Bench. Therefore, it cannot be said that he was a fence-sitter. It is only a fence-sitter who would get a restrictive relief of a period of three years from the date he sets his claim. In the instant case, since the appellant has been agitating his rights ever since inception, he would necessarily be entitled for the relief from the relevant date. Therefore, we are of the view that the finding of the learned Single Judge in holding that there is delay of 38 years in filing the present petition may not be appropriate.