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1990 Supreme(Ker) 211

PADMANABHAN
T. P. K. Nair – Appellant
Versus
Union of India – Respondent


Judgment :-

Plaintiff appeals. He was selected by the Government of India for appointment to a post having the pay scale of Rs.2, 500-3,000, but appointed in another post, as Chairman of the Marine Products Export Development Authority in the scale of pay of Rs.2, 000-2,500 fixing his pay at the maximum of Rs.2, 500-00. He says that the Minister concerned offered to appoint him on a pay of Rs.3, 000-00. He worked from 24-1-1973 up to 16-2-1977 and then resigned. While in service, he subscribed to the provident fund, which he claims to be contributory. His claims are:

a) Rs.500.00 per month as salary for the period in service;

b) Contributory provident fund amount; and

c) Gratuity.

2. Contributory nature of the provident fund and entitlement to gratuity are denied on the basis of the Central Government Rules. The alleged' offer for Rs.3, 000/- was also denied. Main contention was that the suit is barred by limitation.

3. All the claims were found against and the suit dismissed mainly on the ground of limitation. Therefore, the other questions were not gone into in depth on the merits. Hence the prayer was for a remand. I think that the prayer is justified, if the suit is found within tim




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