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.