DEVINDER PAL Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The unsuccessful plaintiff-appellant has assailed the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge and dismissing his suit for declaration that order dated May 3, 1982 passed by defendant No. 2 bringing him to the minimum of the time scale permanently was illegal, in this regular second appeal.

(2.) The undisputed facts are that the plaintiff-appellant (hereinafter the plaintiff) challenged the order of defendant No. 2/respondent No. 2 (hereinafter defendant No. 2) dated May 3, 1982 bringing him to the minimum of the time scale permanently in the civil suit.

(3.) The Courts below found that the impugned order was invalid. However, the suit was dismissed on the ground that it was barred by limitation. Admittedly, the impugned order was made on May 3, 1982 and the suit was filed on Sept. 16, 1987 after the expiry of three years. The suit for declaration that the order bringing the plaintiff to the minimum of the time scale permanently had to be filed within three years as enjoined by Art. 113 of the Limitation Act. The apex Court in State of Punjab & others Vs. Gurdev Singh, Ashok Kumar, AIR 1991 SC 2219 : 1991(3) SCT 488 held that a suit for declaration that an order of dismissal or termination from service passed against the plaintiff dismissed employee is wrongful, illegal or ultra vires is governed by Art. 113 of the Limitation Act. In view of this authoritative pronouncement, no fault can be found with the conclusions arrived at by the first appellate Court that the suit is barred by time. The appeal is bereft of any merits.