STATE Vs. MADAN MOHAN KHANNA

JUDGEMENT

(1.) THIS is an appeal by the State Government against the judgment of a learned Single Judge, allowing the writ petition filed by the respondent and directing the Government to pay a sum of Rs. 35,854.25 P. as arrears of salary to the respondent.

(2.) THE respondent was a Head Clerk in the Sale Tax Office at Saharanpur A charge-sheet was served on him and he was placed under suspension on January 27, 1953. After the inquiry, he was dismissed from service by order dated July 8, 1954. He then filed a civil suit, challenging the order of dismissal. THE suit was decreed on April 20, 1959. An appeal by the State Government against the decree was also dismissed. THE Government then filed a second appeal in this Court but this too was dismissed on March 13, 1970. In the meantime, on September 1, 1967, the respondent retired on reaching the age of superannuation.

(3.) SO far as the question of laches is concerned, it is contended by the learned Standing Counsel that the right to recover the arrears of salary arose every month when the salary became due and the writ petition, having been filed several years later, deserved to be dismissed on the ground of laches. It is to be noticed that, though the respondent's suit had been decreed in 1959, the Government was agitating the matter in appeal and second appeal till 1970. Thereafter the respondent's claim was accepted by the Government and payment orders were actually issued. Therefore, all the period before this date need not be taken into account in considering the question of laches. It is only when afterwards the Government refused to pay the amount due on the ground of limitation that the respondent filed the writ petition. Though there was some delay, after the refusal, in filing the writ petition, we do not consider this a fit case for dismissing the writ petition on the ground of laches when the learned Single Judge did not exercise his discretion on this question against the respondent.