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november 1973

Supreme Court of India · 1973-11-27

SAKAL DEEP SAHAI SRIVASTAVA vs UNION OF INDIA & ANR.

Citation / case number
SC 1970/60194
Court
Supreme Court of India
Petitioner
SAKAL DEEP SAHAI SRIVASTAVA
Respondent
UNION OF INDIA & ANR.
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the appellant's claim for arrears of salary was partially barred by Article 102 of the Limitation Act, 1908, while affirming that the order of reversion was void under Section 240(3) of the Government of India Act, 1935. The Court reiterated that Article 102 applies to claims for arrears of salary, and since the order was deemed non est, no declaration was necessary for enforcing the claim within the three-year limitation period. The appeal was allowed in part, decreeing only the amount within the three-year limit.

SAKAL DEEP SAHAI SRIVASTAVA vs UNION OF INDIA & ANR. · Niyam