STATE OF PUNJAB Vs. GURDEV SINGH:ASHOK KUMAR

JUDGEMENT

(1.) These appeals against the decision of the High Court of Punjab and Haryana raise a short issue concerning limitation governing the suit for declaration by a dismissed employee that he continues to be in service since his dismissal was void and inoperative. The High Court has observed that if the dismissal of the employee is illegal, void or inoperative being in contravention of the mandatory provisions of any rules or conditions of service, there is no limitation to bring a suit for declaration that the employee continues to be in service.

(2.) The facts giving rise to these appeals, as found by the Courts below, may be summarised as follows:

(3.) These are not the only cases in which the Punjab and Haryana High Court has taken the view that there is no limitation for instituting the suit for declaration by a dismissed or discharged employee on the ground that the dismissal or discharge was void or inoperative. The High Court has repeatedly held that if the dismissal, discharge or termination of services of an employee is illegal, unconstitutional or against the principles of natural justice, the employee can approach the Court at any time seeking declaration that he remains in service. The suit for such reliefs is not governed by any of the provisions of the Limitation Act [See: State of Punjab v. Ajit Singh (1988) 1 Serv LR (i) 96 (Punj and Har) and (ii) State of Punjab v. Ram Singh (1986) 3 Serv LR 379 (Punj and Har)].