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 Sub-inspector 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 inoperative and he continues to be in service. The State resisted the suit conten