S B TRIPATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Being aggrieved with the order dated 13-8-2008 passed in W.P. (S) No. 4421/2008 by the learned Single Judge of this Court, the appellants/ petitioners have filed this writ appeal.

(2.) The facts, briefly stated, are as under:

(3.) Mr. Rakesh Pandey, learned Counsel appearing on behalf of the appellants argued that the said action of the State was a continuing wrong giving rise to a recurring cause of action every month on the occasion of payment of salary. Even the recurring cause of action continues on payment of every month's pension, therefore, the writ petition would not have been dismissed on account of delay and laches. He relied on the decision rendered in the matter of M.R. Gupta v. Union of India and Ors., 1995 5 SCC 628.