The High Court dismissed a writ petition challenging the restriction of salary arrears to three years. The court held that judicial forums can limit actual payment based on the law of limitation when belated claims are filed.
The petition is dismissed, upholding the restriction of salary arrears to three years.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ Petition No. 449/2006
----Petitioners
----Respondents _____________________________________________________ For Appellant(s) : None. For Respondent : None _____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/05/2017
(2 of 2)
[CWP-449/2006]
the scale of ₹950-1500 from the date of the initial appointment with applicable replacement pay scale, financial benefit of arrears was limited to a period of three years commencing from the date when the original application was filed.
Mohit Tak
2 issues framed by the court
Whether arrears of salary fixed for claimants as skilled workmen should be restricted to a period of three years from the date of application due to limitation.
Whether limitation law applies retrospectively to restrict the period for payment of salary arrears in belated claim cases.
Sukh Deo Chaudhary
Sudhir Kumar Behal
Takhat Singh
Union of India
Dr. Justice Pushpendra Singh Bhati
Pradeep Nandrajog
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
