Judgment

K. JAGANNATHA SHETTY, J.:- These appeals against the decision of the High Court of Punjab and Haryana raise a short issue concerning limitation governing the suit for declaration by a dismissed employee that he continues to be in service since his dismissal was void and inoperative. The High Court has observed that if the dismissal of the employee is illegal, void or inoperative being in contravention of the mandatory provisions of any rules or conditions of service, there is no limitation to bring a suit for declaration that the employee continues to be in service.

2. The facts giving rise to these appeals, as found by the Courts below, may be summarised as follows:

CA No. 1852/89. The respondent in this appeal was appointed as an ad hoc subinspector in the District Food and Supply Department of Punjab State. He absented himself from duty with effect from 29 September, 1975. On 27 January, 1977, his services were terminated. On 18 April, 1984, he instituted the suit for declaration that the termination order was against the principles of natural justice, terms and conditions of employment, void and inoperative and he continues to be in service. The State resisted the suit co