PUNJAB STATE AND ANR. versus DARSHAN KUMAR
Except for the orders of October 8, 1987 and November 3, 1988, all other challenged orders were passed more than three years before the filing of the suit and are barred by limitation; only two orders withholding increments are invalid in law.
- Parties
- Appellant: Punjab State and Anr.; Respondent: Darshan Kumar
- Jurisdiction
- India
- Judgment Date
- 02 November 1995
- Procedural Posture
- Civil Appeal / Appeal From Judgment of Punjab & Haryana High Court in R.s.a. No. 483 of 1993
- Outcome
- Appeal allowed; decree modified; no costs.
- Legal Topics
- Increments, Withholding of Increment, Limitation, Procedural Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Punjab State and Anr.
Appellant
Darshan Kumar
Respondent
Procedural Posture
Civil Appeal / Appeal From Judgment of Punjab & Haryana High Court in R.s.a. No. 483 of 1993
Legal Issues
- 1 Whether the suit challenging the withholding of increments was barred by limitation
- 2 Whether the orders withholding increments were properly communicated
Ratio Decidendi
Except for the orders of October 8, 1987 and November 3, 1988, all other challenged orders were passed more than three years before the filing of the suit and are barred by limitation; only two orders withholding increments are invalid in law.
Court Disposition
Appeal allowed; decree modified; no costs.
Orders
- Withholding of increments by orders dated October 8, 1987 and November 3, 1988 are invalid in law
- Other claims are barred by limitation
Full Case Text
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