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1967 Supreme(All) 58

S.S.DHAVAN
Hari Raj Singh – Appellant
Versus
Sanchalak Panchayat Raj U. P. Govt. Lucknow – Respondent


Advocates:
Asif Ansari and S.S. Bhatanagar, for Petitioner; Standing Counsel for Respondents.

ORDER :- This is a petition under Article 226 of the Constitution praying for the quashing of two orders passed respectively by the Government of Uttar Pradesh and the Director of Panchayat Raj Uttar Pradesh in both of which it was held that the petitioner was not entitled to his salary for the period between 23rd May 1953 to 30th April, 1956 on the ground that his claim was time-barred. It raises an important question of law-namely, whether the Government, while considering what salaries and allowances should be paid to a Government servant who was removed from service but whose removal is set aside by the civil court and who is consequently reinstated in pursuance of the Court's decision, can take into consideration the provisions of the Limitation Act and decide that any part of his salary shall not be paid on the ground that his claim is time-barred. The petitioner's case has had a long and chequered history and it is necessary to relate very briefly the facts. On June 6, 1949 the Governor of Uttar Pradesh by G. O. No. 7691/PPD-114/48, sanctioned the creation of 500 temporary posts of Panchayat Inspectors in the scale of Rs. 120-8-180-EB-10-200, plus exclusive of Dearness Allow
































































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