EXECUTIVE OFFICER, ARULMIGU KRISHNA SAMY KOLI Vs. SRINIVASAN

JUDGEMENT

(1.) THESE are two independent appeals, namely, S.A.(MD) No.111 of 2011 by third defendant and the other one, namely, S.A.(MD) No. 173 of 2011 by defendants 1 and 2, have been directed as against the very same Judgment of the 1st Appellate Court, namely, Sub Court, Ambasamudram, passed in A.S.No.34 of 2006.

(2.) THE plaintiff in O.S.No.172 of 2004 was a poojari, in the 3 rd defendant temple, during the material time, namely, 08.04.1998 till 30.11.1997. In the suit, the plaintiff claimed arrears of dearness allowance for the said period, totaling Rs.39,700/ -. The suit has been filed by him on 27.04.2001.

(3.) THOUGH the claim is made beyond three years, plaintiff pleaded in the plaint that it is in time, because, the right of the servant to recover the amount due to him from Government is recurring, continuous and subsisting in nature, and he can recover upto his superannuation and there is no limitation for it.