D N KAUL Vs. STATE

JUDGEMENT

(1.) The question herein relates to the period of limitation governing the payment of difference of salary to the petitioner as a result of the award of Selection Grade with retrospective effect.

(2.) The formal order awarding the Selection Grade to the petitioner was passed on Dec. 22, 1981, by the Director of Education, Himachal Pradesh, in pursuance of the directions of the State Government contained in their letter dt. Sept. 9, 1981. Under the said order, the Selection Grade was awarded to the petitioner on and with effect from April 1, 1961. Be it stated that even if there was any earlier order awarding the Selection Grade to the petitioner on and with effect from a later date, the said order was displaced by the order dt. Dec. 22, 1981, which was passed in order to give effect to the decision of the State Government taken on an appeal preferred by the petitioner against the earlier order. The difference of salary upon being awarded the Selection Grade thus accrued due to the petitioner only on Dec. 22, 1981.

(3.) Article 7 in the First Division of the Schedule of the Limitation Act, 1963, reads as under: Description of suit. Period of limitation. Time from which period begins to run. 1 2 3 "7. For wages in case of any other person. Three years. When the wages accrue due."