STATE OF U.P. Vs. RAM PRASAD CHAUDHARY

JUDGEMENT

(1.) The question referred to this Full Bench is as follows :

(2.) This question arises in the following circumstances. The respondent no. 1 Ram Prasad Chowdary was a temporary Government servant. His services were terminated by an order dated Oct. 24, 1967. That order was impugned by him in this court by filing a writ petition under Art. 226 of the Constitution. That petition was dismissed by a learned single Judge but it was allowed in special appeal wherein it was held:-

(3.) The judgment of the learned single Judge was set aside and the writ petition was allowed quashing the order of termination of service. The petitioner then joined the service on Oct. 10, 1973. He however resigned on July 20, 1974. He preferred a claim for salary before the U.P. Public Services Tribunal in June 1976. That claim was allowed by the Tribunal with effect from Oct. 24, 1967 on ward. The state has challenged that order of the Tribunal in the instant writ petition on the ground that the Tribunal fell in error in allowing salary to the respondent no. I with effect from Oct. 24, 1967 inasmuch as the claim for a period of exceeding three years was barred by Art. 7 of the Limitation Act. When the matter came before a Beach consisting of two Judges of this court various decisions of the Supreme Court as well as of this court were cited and as the question was found to be of great importance the same has been referred to this Bench. That is how this question came before us.