T.S.Misra, J. - (1.) The question referred to this Full Bench is as follows : "Whether in the case of a Government servant whose services are terminated by an order which is subsequently adjudged by courts to be void, the period of Limitation under Article 7 of the Limitation Act, 1963 runs from the date of re-instatement of the Government servant in service in pursuance of the courts order declaring the termination to be void or on the first of every month as if the termination order had not been passed at all ?
(2.) This question arises in the following circumstances. The respondent no. 1 Ram Prasad Chowdary was a temporary Government servant. His services were terminated by an order dated October 24, 1967. That order was impugned by him in this court by filing a writ petition under Article 226 of the Constitution. That petition was dismissed by a learned single Judge but it was allowed in special appeal wherein it was held:- "We uphold the appellants contention that the order (Annexure 8) was bad in law and did not effect termination of the service He is therefore, entitled to be treated as still continuing in service."
(3.) The judgment of the learned single Judge was set aside and the writ petition was allowed quashing the order of termination of service. The petitioner then joined the service on October 10, 1973. He however resigned on July 20, 1974. He preferred a claim for salary before the U.P. Public Services Tribunal in June 1976. That claim was allowed by the Tribunal with effect from October 24, 1967 on ward. The state has challenged that order of the Tribunal in the instant writ petition on the ground that the Tribunal fell in error in allowing salary to the respondent no. I with effect from October 24, 1967 inasmuch as the claim for a period of exceeding three years was barred by Article 7 of the Limitation Act. When the matter came before a Beach consisting of two Judges of this court various decisions of the Supreme Court as well as of this court were cited and as the question was found to be of great importance the same has been referred to this Bench. That is how this question came before us.;