Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------S. 17---Service Tribunals Act (LXX of 1973), S.4---Pay---Entitlement---Appeal---Limitation---Employer was not expected to raise plea of limitation in matter of pay---Employer, particularly when it was Government or Government owned Corporation, was always very benevolent towards employees---When an employee claimed pay at enhanced rate after inclusion of increments in his pay, then he had a continuing cause of action---Where there was claim for enhanced pay or for arrears of pay, employee had always a continuing cause of action and his appeal could not be treated as time-barred---Each and every case had to be decided on its own merits---In case of an employee who was given a clear cut final order that for specific reasons his claim to pay was not tenable, period of limitation would start running from date when that specific order was passed---Such could be a case in which plea of limitation could be taken---In present case, long leave granted to appellant not being without pay, but being with half pay, employers were not justified in saying that appellant was not entitled to annual increments---Said increments would have formed part of his pay till such time he remained in service---Appellant having sustained loss in pay every month, he could not be sacrificed on the altar of limitation---Objection of employer that appeal was time-barred, was repelled, in circumstances. (b) Civil Servants Act (LXXI of 1973)--- ----S. 17---Service Tribunals Act (LXX of 1973), S.4---Appeal---Competency---Objection of employer was that appeal was not competent as appellant had not filed a departmental appeal--Validity---Appellant in his appeal had alleged that he was not granted increments when his salary slip was issued---Salary slip was original order by which increments were refused---Representation of appellant to Deputy General Manager against that, had acquired status of departmental appeal---Objection of employer was without any basis---Appeal was competent in circumstances. (c) Civil service--- ----Annual increments, entitlement to---Civil servant was entitled to earn annual increments during period of leave sanctioned to…

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