The High Court of Madhya Pradesh has dismissed a writ petition on the ground that mandamus for appointment cannot be granted after 6 years in a petition filed with an un-explained delay. The writ petition was filed by the petitioner seeking appointment as a health care worker and extension of all consequential benefits.
The petitioner is working as Auxiliary Nurse Midwife (ANM) on contract basis and in the year 2009 had applied for the post of woman health worker along with other candidates. However, she did not receive any communication and in 2016 she came to know about the order dated 11/3/2010 by which other candidates were appointed as regular woman health worker. She filed a representation before the Authorities for giving her appointment in pursuance to the order dated 11/3/2010 but no action was taken. The petitioner therefore, filed the writ petition praying for a direction to be appointed appoint her as woman health worker with effect from the date of the order in 2010 and extension all consequential benefits, on the ground that she was not aware of the order and when she came to know about the order in the year 2016 she decided to take action for the appointment.
The petition was opposed on the ground that the writ petition was highly belated; the petitioner did not want to go to a different place and therefore decided to join even after a proper communication of the order to her.
The Court noted that the writ petition suffers from the defect of delay and latches. The name of petitioner along with other candidates for regular appointment to the post of woman health worker was initially rejected but was later accepted by the order dated 11/3/2010 on the basis of filing of the requisite documents, giving temporary appointment to some of the candidates including the petitioner. However, according to the order, the petitioner was required to submit a valid life registration certificate, but she kept silent for years, and made her first representation after 6 years, even when the order was duly sent to the petitioner by post.
The order dated 11/3/2010 contained the condition that concerned candidate will have to furnish the requisite documents within 15 days of issuance of the order, failing which the order will automatically come to an end. The order, therefore does not survive with efflux of time.
-India Legal Bureau