STATE OF U P Vs. MADAN MOHAN KHANNA

JUDGEMENT

(1.) THIS. reference to the Full Bench has been made by the Chief Justice in view of doubts and observations made by the Division Bench of this. Court in the special appeal filed by the opposite party is which it was held that the writ petition filed by the opposite party for enforcement of a contractual liability was not maintainable but the appeal was allowed so far as it related to the arrears of salary and the Government was directed to determine the pension and pay the same. The question was whether the judgment so pronounced will operate as res judicata.

(2.) BRIEFLY stated the facts are that opposite party Madan Mohan Khanna was working in the office of sales tax department. He was dismissed from service. He filed a civil suit which was decreed. Against the said order, the State of U. P. filed a second appeal which too was dismissed vide order dated 13f-3-1970. During the pendency of appeal, opposite party no. 1 attained the age of superannuation on 1-9-1967. After dismissal of second appeal opposite party no. 1 filed a writ petition for ' payment of arrears of salary which was allowed but the officers of the sales tax department have failed to comply with the decree. . .

(3.) THE Tribunal relied on the ease of Hariraj Singh v. Sanchatali Panchayatraj, 1968 SLR 851, in which it was observed that the Limitatidn Act applies only to suits, appeals and applications filed in a court but has no application outside these proceedings. Furthermore, the Government by issuing the G. O. of 1952 and framing rule 26 of the Government servants conduct Rules requiring its servants to exhaust their departmental remedies before seeking their remedies in court impliedly conceded that the law of limitation did not apply to a Government servant's claim on reinstatement to be paid his salary and all allowances. THErefore, through* Article 102 of the Limitation Act bars a Civil suit for the recovery of salary or wages due if it is filed beyond time, it has no application " when a competent Authority is considering what salary and allowances are payable to a Government servant after he is reinstated in service in pursuance of* a decision, of the Court. If that authority rejects the claim of the Government servant bp the ground that it is barred by limitation, its decision is based on an irrelevant or extraneous consideration and illegal.