PUNJAB STATE AND ANR. versus DARSHAN KUMAR

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

  1. 1 Whether the suit challenging the withholding of increments was barred by limitation
  2. 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