Vimla Giriyam vs Commissioner
2021 Latest Caselaw 4596 MP

                                                                   1                                  WA-756-2021
                                        The High Court Of Madhya Pradesh
                                                    WA-756-2021
                                                    (VIMLA GIRIYAM Vs COMMISSIONER AND OTHERS)


                                Jabalpur, Dated : 24-08-2021
                                       Heard through Video Conferencing.

                                       Shri M.S.Bhatti, Advocate for appellant.
                                       Shri Darshan Soni, Government Advocate for respondent/State.

This appeal is directed against the judgment of the Single Judge whereby the representation filed by the appellant challenging the order dated

29.7.2021 has been dismissed on the ground of delay and laches with the finding that the appellant by making repeated representations is only trying to revive the stale claim.

Learned counsel for the appellant submits that the judgment passed by the learned Single Judge is based on misreading of the document. Annexure P/1 to the writ petition dated 10.7.2007 is infact a guideline issued by the Ministry of Women and Child Development for appointment of Aganwadi Workers and Sahayikas but the same has been assumed to be as provisional select list prepared by the Selection Committee inviting objections within a

period of ten days. It is on that basis the learned Single Judge has proceeded to hold that the appellant did not earlier raise the objection before the authority concerned and that the appellant is trying to revive the stale claim and unsettle the process which has attained finality by filing writ petition in the garb of the relief of deciding her representation.

We have gone through the document Annexure P/1 dated 10.7.2007 and found that it is indeed a guideline and not the provisional select list and, therefore, in our view, the leaned Single Judge was not justified in assuming that the appellant was seeking revival of her stale claim.

Since no decision has been rendered on merits of the case, we are persuaded to set aside the judgment of the learned Single Judge and to direct the Collector, Jabalpur to decide the representation of the appellant Annexure Signature Not Verified SAN P/6 dated 13.7.2020 within a period of two months after providing Digitally signed by AMIT JAIN Date: 2021.08.25 12:07:32 IST 2 WA-756-2021 opportunity of hearing to the appellant and the affected parties.

With the aforesaid, this writ appeal is disposed of.

       (MOHAMMAD RAFIQ)                            (VIJAY KUMAR SHUKLA)
        CHIEF JUSTICE                                         JUDGE


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