Rajasthan State Road Transport Corporation v. Nand Lal
1996-03-25
G.B.PATTANAIK, K.RAMASWAMY
body1996
DigiLaw.ai
ORDER : K. Ramaswamy, J. 1. Leave granted. 2. We have heard learned counsel on both sides. 3. This appeal by special leave arises from the judgment and order of the High Court of Rajasthan made on 7-4-1995 in SB Civil Second Appeal No. 359 of 1994. Admittedly, the service of the respondent was terminated, after an enquiry by proceedings dated 28-9-1979. The respondent had filed the suit on 27-5-1989. Under Article 58 of the Schedule to the Limitation Act, 1963, three years limitation is prescribed to obtain a declaration that termination of his services is contrary to law. The right to sue arises from the date of termination. The limitation of 3 years begins to run from the said date. The right to a declaration that his service was wrongfully terminated had arisen on 28-9-1979 and continued to exist till it expired by the efflux of time unless its running is interrupted by an order of a competent court. He did not challenge the order within 3 years from the said date. Consequently, the suit became barred by limitation on the expiry of 3 years from 29-9-1979. As a result, the suit filed on 27-5-1989 is clearly barred by limitation. 4. The appeal is accordingly allowed. The suit stands dismissed. 5. No costs. Appeal allowed.