M.R. GUPTA versus UNION OF INDIA AND ORS.

M.R. GUPTA versus UNION OF INDIA AND ORS.

An employee's right to claim proper pay fixation is a recurring cause of action, enforceable at each salary payment and not time barred for ongoing salary; limitation applies only to arrears for past period.

Parties
Appellant: M.R. Gupta; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
21 August 1995
Procedural Posture
Civil Appeal / Appeal by Special Leave From Central Administrative Tribunal Dismissal
Outcome
Appeal allowed
Legal Topics
Pay Fixation, Limitation, Recurring Cause of Action
Service Law Pay Fixation Limitation Recurring Cause of Action

Case Brief

Summary, issues, holding and outcome

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Parties

M.R. Gupta

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Central Administrative Tribunal Dismissal

Legal Issues

  1. 1 Whether claim for proper pay fixation is time barred under limitation law

Ratio Decidendi

An employee's right to claim proper pay fixation is a recurring cause of action, enforceable at each salary payment and not time barred for ongoing salary; limitation applies only to arrears for past period.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to Tribunal for consideration of application and afresh decision on merits
  • No costs imposed