Ashok Kumar Saxena vs The State Of Madhya Pradesh on 29 July, 2026

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    Madhya Pradesh High Court

    Ashok Kumar Saxena vs The State Of Madhya Pradesh on 29 July, 2026

             NEUTRAL CITATION NO. 2026:MPHC-JBP:57524
    
    
    
    
                                                                  1                              WP-14178-2019
                                  IN     THE      HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                             BEFORE
                                                HON'BLE SHRI JUSTICE DEEPAK KHOT
                                                        ON THE 29th OF JULY, 2026
                                                    WRIT PETITION No. 14178 of 2019
                                                    ASHOK KUMAR SAXENA
                                                           Versus
                                          THE STATE OF MADHYA PRADESH AND OTHERS
                               Appearance:
                                       Mr. Rahul Patel - Advocate for petitioner.
                                       Ms. Shraddha Tiwari - Panel Lawyer for State.
    
                                                                      ORDER
    

    The present petition has been filed by the petitioner under Article 226
    of the Constitution of India seeking the following reliefs:-

    “1. This Hon’ble Court may kindly be pleased to call for the
    relevant records, examine the same and quash the order dt.
    19.03.2019 (Annexure-5) passed by respondent no.2.

    2. To issue direction to the respondents be issuance of the
    Writ of mandamus to give to the petitioner the pay scale
    equivalent given to similar situated employees A.L. Thakur
    (supra) Rs 515-800 from 01.04.1982, Rs.950-1530 from
    01.01.1986, Rs.3050-4590 from dt. 01.01.1996 and corresponding
    revised pay scale including arrears from way back and interest 8 %
    per annum in the interest of justice.

    SPONSORED

    3. Any other order/orders/writ/writs direction/directions this

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    2 WP-14178-2019
    Hon’ble Court may deem fit and proper, may also be granted in
    favour of the petitioner.

    4. That the cost of petition Rs.20,000/- may also be awarded
    to the petitioner.”

    2. The brief facts of the case are that the petitioner was initially
    appointed as a Time Keeper in the Work-Charged and Contingency Paid
    Establishment under the Water Resources Department, Government of
    Madhya Pradesh, and rendered approximately forty years of unblemished
    service before attaining the age of superannuation on 31.08.2013. During his
    service tenure, the petitioner was extended the pay scales of Rs.445-635 with
    effect from 01.04.1982, Rs.825-1220 with effect from 01.01.1986, Rs.2750-
    4400 with effect from 01.01.1996 and the corresponding revised pay scales.

    The Hon’ble High Court, in the case of A.L. Thakur and Others v. State of
    Madhya Pradesh and Others
    , directed the respondents to extend higher
    revised pay scales to similarly situated Work-Charged and Contingency Paid
    employees. The said judgment was duly implemented by the respondents in
    respect of several similarly situated employees. The petitioner, being
    identically situated to the employees who were granted the aforesaid benefit,
    submitted representations seeking extension of the same pay scales. Upon
    failure of the respondents to consider his claim, the petitioner approached
    this Hon’ble Court by filing a writ petition.
    This Hon’ble Court, by order
    dated 06.03.2017, directed the respondents to consider the petitioner’s claim
    and to grant him the benefit if his case was found to be fully covered by the
    judgment rendered in A.L. Thakur (supra) . Despite the aforesaid direction,

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    3 WP-14178-2019
    the respondents failed to decide the petitioner’s claim in its true perspective,
    compelling the petitioner to initiate contempt proceedings. However, the
    contempt petition came to be disposed of on the statement made on behalf of
    the respondents that the order of this Hon’ble Court had been complied with.
    Thereafter the petitioner again approached this Hon’ble Court by filing W.P.
    No.685/2019, wherein this Hon’ble Court directed the respondents to pass a
    reasoned order. Pursuant thereto, respondent No.2 passed an order dated
    19.03.2019 rejecting the petitioner’s claim for parity with similarly situated
    employees. The petitioner has challenged the order dated 19.03.2019 on the
    ground that the same is arbitrary, discriminatory, contrary to the binding
    judgments of this Hon’ble Court and violative of Articles 14 and 16 of the
    Constitution of India.

    3. It is submitted that the post of Time Keeper was re-designated as
    Field Assistant (Sthal Sahayak) in the year 1996 and that the service
    conditions of Time Keepers are governed by the M.P. Work Charged and
    Contingency Paid Employees Pay Rules, as amended from time to time.
    According to the petitioner, under the Pay Revision Rules of 1984, 1990, and
    1998, he was entitled to the higher revised pay scales but was wrongly
    continued in the lower scales. The petitioner further submits that the issue
    regarding the pay scale of Time Keepers has already been decided in favour
    of similarly situated employees in T.A. No. 993/1988, W.P. No. 16054/2003
    (A.L. Thakur v. State of M.P.), and W.P. No. 17326/2003 (G.P. Shriwas v.
    State of M.P.
    ). The judgment in A.L. Thakur has been affirmed by the

    Division Bench, and the Special Leave Petition filed by the State has also

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    4 WP-14178-2019
    been dismissed by the Hon’ble Supreme Court. It is contended that the post
    of Amin carries the same pay scale as that of Time Keeper and that similarly
    situated employees have already been granted the higher pay scales on the
    principle of “equal pay for equal work” in terms of the judgment rendered in
    A.L. Thakur (W.P. No. 16054/2003 arising out of O.A. No. 5178/2000,
    decided on 27.06.2012). Being identically situated, the petitioner claims
    entitlement to the same benefit under Articles 14 and 16 of the Constitution
    of India. Accordingly, the petitioner prays that the order dated 19.03.2019 be
    quashed and the respondents be directed to grant him the pay scales
    applicable to the post of Amin, along with all consequential monetary
    benefits, including revision of pension and payment of arrears.

    4. Per contra, learned counsel for the respondent has taken objection in
    regard to delay and latches as the petition has been filed after five years of
    retirement. Petitioner stood retired on 31.08.2013 and the petition has been
    filed by the petitioner in the year 2019 for monetary benefits akin to the
    similarly situated persons in the light of the various orders passed by this
    Court in various different writ petitions.

    5. Heard learned counsel for the parties and perused the record.

    6. The Hon’ble Apex Court in the case of State of Orissa and Another
    Vs. Mamata Mohanty
    , (2011)3 SCC 436, in paragraph no.36 has held as
    under:

    “53. Needless to say that Limitation Act 1963 does not
    apply in writ jurisdiction. However, the doctrine of limitation
    being based on public policy, the principles enshrined therein are

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    applicable and writ petitions are dismissed at initial stage on the
    ground of delay and laches. In a case like at hand, getting a
    particular pay scale may give rise to a recurring cause of action. In
    such an eventuality, the petition may be dismissed on the ground
    of delay and laches and the court may refuse to grant relief for the
    initial period in case of an unexplained and inordinate delay. In
    the instant case, the respondent claimed the relief from 1.1.1986
    by filing a petition on 11.11.2005 but the High Court for some
    unexplained reason granted the relief w.e.f. 1.6.1984, though even
    the Notification dated 6.10.1989 makes it applicable w.e.f.
    1.1.1986.

    54. This Court has consistently rejected the contention that a
    petition should be considered ignoring the delay and laches in case
    the petitioner approaches the Court after coming to know of the
    relief granted by the Court in a similar case as the same cannot
    furnish a proper explanation for delay and laches. A litigant cannot
    wake up from deep slumber and claim impetus from the judgment
    in cases where some diligent person had approached the Court
    within a reasonable time.”

    7. It is settled law that fence-sitters cannot be allowed to take
    advantage of persons who have rigorously pursued their matters before the
    Courts and, after obtaining favourable orders, approach the Court after a
    considerable delay to claim similar benefits.

    “7. Article 7 of Schedule of the Limitation Act, 1963 provides as

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    under:-

    For wages in the case of any other Three When the wages accrue
    person years due

    8. Thus, Article 7 of Scheduled of the Limitation Act, 1963 clearly
    prescribes that the period of limitation for recovery of money/salary is three
    years from the date when it became due. It is true that for filing a writ
    petition under Article 226 of the Constitution of India, no period of
    limitation is provided.

    9. It is submitted by the counsel for the petitioner that merely because
    the petitioner could not approach this Court at the earliest, would not mean
    that he was not entitled for the benefit of pay scales applicable to the post of
    Amin, along with all consequential monetary benefits, including revision of
    pension and payment of arrears and relied upon a judgment passed by the
    Supreme Court in the case of M.R. Gupta Vs. Union of India and Others,
    1995 (5) SCC 628 in paragraph no.5 has held as under:-

    “5. Having heard both sides, we are satisfied that the Tribunal has
    missed the real point and overlooked the crux of the matter. The
    appellant’s grievance that his pay fixation was not in accordance
    with the rules, was the assertion of a continuing wrong against him
    which gave rise to a recurring cause of action each time he was
    paid a salary which was not computed in accordance with the
    rules. So long as the appellant is in service, a fresh cause of action
    arises every month when he is paid his monthly salary on the basis
    of a wrong computation made contrary to rules. It is no doubt true
    that if the appellant’s claim is found correct on merits, he would be
    entitled to be paid according to the properly fixed pay scale in the
    future and the question of limitation would arise for recovery of
    the arrears for the past period. In other words, the appellant’s
    claim, if any, for recovery of arrears calculated on the basis of
    difference in the pay which has become time barred would not be
    recoverable, but he would be entitled to proper fixation of his pay
    in accordance with rules and to cessation of a continuing wrong if

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    on merits his claim is justified. Similarly, any other consequential
    relief claimed by him, such as, promotion etc. would also be
    subject to the defence of laches etc. to disentitle him to those
    reliefs. The pay fixation can be made only on the basis of the
    situation existing on 1-8-1978 without taking into account any
    other consequential relief which may be barred by his laches and
    the bar of limitation. It is to this limited extent of proper pay
    fixation the application cannot be treated as time barred since it is
    based on a recurring cause of action.”

    10. So far as the judgment passed by the Hon’ble Apex Court in the
    case of M.R. Gupta (supra) is concerned, it was in relation to recurring cause
    of action due to non-payment of correct pay scale for current and future
    payment but it has been categorically held that the arrears are subject to the
    period of limitation, therefore, when a particular pay scale accrued in favour
    of an employee, then from that date, the arrears are to be counted and if they
    are not falling within that time period as provided under Article 7 of the
    Limitation Act, 1963 i.e. three years, then those are not recoverable in the
    light of the judgment passed by the Hon’ble Apex Court in the case of M.R.
    Gupta
    (supra).

    11. The Supreme Court in the case of Karnataka Power Corpon. Ltd.
    Vs. K. Thangappan
    reported in (2006) 4 SCC 322 has held as under :

    ”6. Delay or laches is one of the factors which is to be borne
    in mind by the High Court when they exercise their discretionary
    powers under Article 226 of the Constitution. In an appropriate
    case the High Court may refuse to invoke its extraordinary powers
    if there is such negligence or omission on the part of the applicant
    to assert his right as taken in conjunction with the lapse of time
    and other circumstances, causes prejudice to the opposite party.

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    Even where fundamental right is involved the matter is still within
    the discretion of the Court as pointed out in Durga Prashad v.

    Chief Controller of Imports and Exports. Of course, the discretion
    has to be exercised judicially and reasonably.

    7. What was stated in this regard by Sir Barnes Peacock in
    Lindsay Petroleum Co. v. Prosper Armstrong Hurd (PC at p. 239)
    was approved by this Court in Moon Mills Ltd. v. M.R. Meher and
    Maharashtra SRTC v. Shri Balwant Regular Motor Service. Sir
    Barnes had stated:

    “Now, the doctrine of laches in courts of equity is not
    an arbitrary or a technical doctrine. Where it would be
    practically unjust to give a remedy either because the
    party has, by his conduct done that which might fairly
    be regarded as equivalent to a waiver of it, or where by
    his conduct and neglect he has though perhaps not
    waiving that remedy, yet put the other party in a
    situation in which it would not be reasonable to place
    him if the remedy were afterwards to be asserted, in
    either of these cases, lapse of time and delay are most
    material. But in every case, if an argument against
    relief, which otherwise would be just, is founded upon
    mere delay, that delay of course not amounting to a bar
    by any statute of limitation, the validity of that defence
    must be tried upon principles substantially equitable.
    Two circumstances always important in such cases are,
    the length of the delay and the nature of the acts done
    during the interval which might affect either party and
    cause a balance of justice or injustice in taking the one
    course or the other, so far as it relates to the remedy.”

    8. It would be appropriate to note certain decisions of this Court in
    which this aspect has been dealt with in relation to Article 32 of
    the Constitution. It is apparent that what has been stated as regards
    that article would apply, a fortiori, to Article 226. It was observed
    in Rabindranath Bose v. Union of India that no relief can be given
    to the petitioner who without any reasonable explanation
    approaches this Court under Article 32 after inordinate delay. It

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    was stated that though Article 32 is itself a guaranteed right, it
    does not follow from this that it was the intention of the
    Constitution-makers that this Court should disregard all principles
    and grant relief in petitions filed after inordinate delay. It was
    stated in State of M.P. v. Nandlal Jaiswal that the High Court in
    exercise of its discretion does not ordinarily assist the tardy and
    the indolent or the acquiescent and the lethargic. If there is
    inordinate delay on the part of the petitioner and such delay is not
    satisfactorily explained, the High Court may decline to intervene
    and grant relief in exercise of its writ jurisdiction. It was stated
    that this rule is premised on a number of factors. The High Court
    does not ordinarily permit a belated resort to the extraordinary
    remedy because it is likely to cause confusion and public
    inconvenience and bring, in its train new injustices, and if writ
    jurisdiction is exercised after unreasonable delay, it may have the
    effect of inflicting not only hardship and inconvenience but also
    injustice on third parties. It was pointed out that when writ
    jurisdiction is invoked, unexplained delay coupled with the
    creation of third-party rights in the meantime is an important
    factor which also weighs with the High Court in deciding whether
    or not to exercise such jurisdiction.”

    12. The Supreme Court in the case of M.P. Ram Mohan Raja Vs. State
    of T.N.
    reported in (2007) 9 SCC 78 has held as under :

    ”11. So far as the question of delay is concerned, no hard-and-fast
    rule can be laid down and it will depend on the facts of each case.
    In the present case, the facts stare at the face of it that on 8-10-
    1996 an order was passed by the Collector in pursuance of the
    order passed by the High Court, rejecting the application of the
    writ petitioner for consideration of the grant of mining lease. The
    writ petitioner sat tight over the matter and did not challenge the
    same up to 2003. This on the face of it appears to be very serious.
    A person who can sit tight for such a long time for no justifiable
    reason, cannot be given any benefit.”

    13. The Supreme Court in the case of Shiv Dass Vs. Union of India
    reported in (2007) 9 SCC 274 has held as under :

    ”6. Normally, in the case of belated approach writ petition
    has to be dismissed. Delay or laches is one of the factors to be

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    borne in mind by the High Courts when they exercise their
    discretionary powers under Article 226 of the Constitution of
    India. In an appropriate case the High Court may refuse to invoke
    its extraordinary powers if there is such negligence or omission on
    the part of the applicant to assert his right as taken in conjunction
    with the lapse of time and other circumstances, causes prejudice to
    the opposite party. Even where fundamental right is involved the
    matter is still within the discretion of the Court as pointed out in
    Durga Prashad v. Chief Controller of Imports and Exports. Of
    course, the discretion has to be exercised judicially and
    reasonably.

    7. What was stated in this regard by Sir Barnes Peacock in
    Lindsay Petroleum Co. v. Prosper Armstrong Hurd, PC at p. 239
    was approved by this Court in Moon Mills Ltd. v. M.R. Meher and
    Maharashtra SRTC v. Balwant Regular Motor Service. Sir Barnes
    had stated:

    “Now the doctrine of laches in courts of equity is not an
    arbitrary or technical doctrine. Where it would be
    practically unjust to give a remedy either because the
    party has, by his conduct done that which might fairly
    be regarded as equivalent to a waiver of it, or where by
    his conduct and neglect he has though perhaps not
    waiving that remedy, yet put the other party in a
    situation in which it would not be reasonable to place
    him if the remedy were afterwards to be asserted, in
    either of these cases, lapse of time and delay are most
    material. But in every case, if an argument against
    relief, which otherwise would be just, if founded upon
    mere delay, that delay of course not amounting to a bar
    by any statute of limitation, the validity of that defence
    must be tried upon principles substantially equitable.

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    Two circumstances always important in such cases are,
    the length of the delay and the nature of the acts done
    during the interval which might affect either party and
    cause a balance of justice or injustice in taking the one
    course or the other, so far as relates to the remedy.”

    8. It was stated in State of M.P. v. Nandlal Jaiswal that the High
    Court in exercise of its discretion does not ordinarily assist the
    tardy and the indolent or the acquiescent and the lethargic. If there
    is inordinate delay on the part of the petitioner and such delay is
    not satisfactorily explained, the High Court may decline to
    intervene and grant relief in exercise of its writ jurisdiction. It was
    stated that this rule is premised on a number of factors. The High
    Court does not ordinarily permit a belated resort to the
    extraordinary remedy because it is likely to cause confusion and
    public inconvenience and bring in its train new injustices, and if
    writ jurisdiction is exercised after unreasonable delay, it may have
    the effect of inflicting not only hardship and inconvenience but
    also injustice on third parties. It was pointed out that when writ
    jurisdiction is invoked, unexplained delay coupled with the
    creation of third-party rights in the meantime is an important
    factor which also weighs with the High Court in deciding whether
    or not to exercise such jurisdiction.”

    14. The Supreme Court in the case of Nadia Distt. Primary School
    Council Vs. Sristidhar Biswar
    reported in (2007) 12 SCC 779 has held as
    under :

    ”11. In the present case, the panel was prepared in 1980
    and the petitioners approached the court in 1989 after
    the decision in Dibakar Pal. Such persons should not be
    given any benefit by the court when they allowed more
    than nine years to elapse. Delay is very significant in
    matters of granting relief and courts cannot come to the
    rescue of the persons who are not vigilant of their
    rights. Therefore, the view taken by the High Court
    condoning the delay of nine years cannot be
    countenanced.”

    15. The Supreme Court in the case of U.P. Jal Nigam Vs. Jaswant
    Singh
    reported in (2006) 11 SCC 464 has held as under :

    “12. The statement of law has also been summarised in Halsbury’s

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    Laws of England, para 911, p. 395 as follows:

    “In determining whether there has been such
    delay as to amount to laches, the chief points to be
    considered are:

    (i) acquiescence on the claimant’s part; and

    (ii) any change of position that has occurred on
    the defendant’s part.

    Acquiescence in this sense does not mean standing by while the
    violation of a right is in progress, but assent after the violation has
    been completed and the claimant has become aware of it. It is
    unjust to give the claimant a remedy where, by his conduct, he has
    done that which might fairly be regarded as equivalent to a waiver
    of it; or where by his conduct and neglect, though not waiving the
    remedy, he has put the other party in a position in which it would
    not be reasonable to place him if the remedy were afterwards to be
    asserted. In such cases lapse of time and delay are most material.
    Upon these considerations rests the doctrine of laches.”

    16. The Supreme Court in the case of Jagdish Lal Vs. State of Haryana
    reported in (1997) 6 SCC 538 has held as under :

    ”18. That apart, as this Court has repeatedly held, the delay
    disentitles the party to the discretionary relief under Article 226 or
    Article 32 of the Constitution.”

    17. The Supreme Court in the case of NDMC Vs. Pan Singh reported
    in (2007) 9 SCC 278 has held as under :

    ”16. There is another aspect of the matter which cannot be
    lost sight of. The respondents herein filed a writ petition after 17
    years. They did not agitate their grievances for a long time. They,
    as noticed herein, did not claim parity with the 17 workmen at the
    earliest possible opportunity. They did not implead themselves as
    parties even in the reference made by the State before the

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    Industrial Tribunal. It is not their case that after 1982, those
    employees who were employed or who were recruited after the
    cut-off date have been granted the said scale of pay. After such a
    long time, therefore, the writ petitions could not have been
    entertained even if they are similarly situated. It is trite that the
    discretionary jurisdiction may not be exercised in favour of those
    who approach the court after a long time. Delay and laches are
    relevant factors for exercise of equitable jurisdiction. (See Govt. of
    W.B. v. Tarun K. Roy
    , U.P. Jal Nigam v. Jaswant Singh and
    Karnataka Power Corpn. Ltd. v. K. Thangappan.)

    17. Although, there is no period of limitation provided for
    filing a writ petition under Article 226 of the Constitution of India,
    ordinarily, writ petition should be filed within a reasonable time.

    (See Lipton India Ltd. v. Union of India and M.R. Gupta v. Union
    of India
    .)

    18. In Shiv Dass v. Union of India this Court held: (SCC p.
    277, paras 9-10) “9. It has been pointed out by this Court in a
    number of cases that representations would not be adequate
    explanation to take care of delay.
    This was first stated in K.V.
    Rajalakshmiah Setty v. State of Mysore
    . There is a limit to the
    time which can be considered reasonable for making
    representations and if the Government had turned down one
    representation the making of another representation on similar
    lines will not explain the delay.
    In State of Orissa v. Pyarimohan

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    14 WP-14178-2019
    Samantaray making of repeated representations was not regarded
    as satisfactory explanation of the delay. In that case the petition
    had been dismissed for delay alone. (See also State of Orissa v.
    Arun Kumar Patnaik
    .) 10. In the case of pension the cause of
    action actually continues from month to month. That, however,
    cannot be a ground to overlook delay in filing the petition. It
    would depend upon the fact of each case. If petition is filed
    beyond a reasonable period say three years normally the Court
    would reject the same or restrict the relief which could be granted
    to a reasonable period of about three years. The High Court did
    not examine whether on merit the appellant had a case. If on
    merits it would have found that there was no scope for
    interference, it would have dismissed the writ petition on that
    score alone.”

    19. We, therefore, are of the opinion that it was not a fit case
    where the High Court should have exercised its discretionary
    jurisdiction in favour of the respondents herein.”

    18. From a bare reading of the provision of law, it is clear that an
    employee is entitled to seek monetary benefits only for the preceding three
    years and not beyond that. The analogy of a recurring cause of action will
    come into play only when the petitioner is to be benefited by the grant of
    such monetary benefits in present and future. Since the petitioner has already
    retired, he is not entitled to arrears on the basis of the pay scale that has
    accrued to him on the basis of identical matters. At the most, the petitioner

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    15 WP-14178-2019
    can be granted the benefit of notional fixation for the purpose of pensionary
    benefits.

    19. Therefore, the petition is partly allowed and the impugned order
    dated 19.03.2019 (Annexure-P/5) is hereby quashed. Insofar as the arrears
    of the monetary benefits of the pay scale, which could have been granted or
    were denied during the petitioner’s service prior to his retirement, are
    concerned, the petitioner shall be entitled only to notional fixation for the
    purpose of pension.

    20. Accordingly, the respondents are directed to re-fix the petitioner’s
    pay on a notional basis and revise his pensionary benefits in accordance
    with law.

    21. With the aforesaid, petition stands disposed of.

    (DEEPAK KHOT)
    JUDGE

    julie

    Signature Not Verified
    Signed by: JULIE SINGH
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