Uttarakhand High Court
Dr. Om Prakash Lathwal vs State Of Uttarakhand And Others on 25 August, 2025
2025:UHC:7505-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
25TH AUGUST, 2025
SPECIAL APPEAL No. 207 OF 2025
Dr. Om Prakash Lathwal .....Appellant.
Versus
State of Uttarakhand and others. ...Respondents
Counsel for the appellant : Mr. Tanupriya Joshi, learned counsel.
Counsel for the respondents : Mr. S.S. Chaudhary, learned Standing
Counsel for the State.
JUDGMENT :
(per Sri G. Narendar, C.J.)
Heard learned counsel for the appellant.
2. The case of the appellant-writ petitioner is that he
has not been paid salary for the period between 01.05.2014 to
15.07.2014, second annual increment for the period between
26.05.2013 to 25.05.2014, third annual increment for the
period between 26.05.2014 to 15.07.2014 and HRA for the
period between 01.08.2011 to 31.07.2012.
3. The learned Single Judge, placing reliance on the
judgment of the Hon'ble Apex Court in Union of India vs.
Tarsem Singh reported in (2008) 8 SCC 648, has been
pleased to reject the claim as being hit by delay and laches.
4. The claim relates to the period ending 15th July,
2014 and the writ petition is of the year 2025.
2025:UHC:7505-DB
5. It is the case of the petitioner that several
representations were being given.
6. Representations will not extend the limitation. The
period of limitation for recovery of monies under the
Limitation Act is three years.
7. In that view, we do not find any error or illegality in
the reasoning set out by the learned Single Judge.
8. Accordingly, the Appeal stands rejected.
9. After the dictation of the order, learned counsel for
the appellant-writ petitioner places reliance on a ruling of the
Apex Court in Shakti Bhog Food Industries Ltd. vs.
Central Bank of India and another reported in AIR 2020
SC 2721, and particularly relies on Paragraph-14, which reads
as under:
"14. Reverting to the argument that exchange of
letters or correspondence between the parties
cannot be the basis to extend the period of
limitation, in our opinion, for the view taken by us
hitherto, the same need not be dilated further.
Inasmuch as, having noticed from the averments in
the plaint that the right to sue accrued to the
appellant on receiving letter from the Senior
Manager, dated 8.5.2002, and in particular letter
dated 19.9.2002, and again on firm refusal by the
respondents vide Advocate's letter dated
23.12.2003 in response to the legal notice sent by
the appellant on 28.11.2003; and once again on the
follow up legal notice on 7.1.2005, the plaint filed in
February, 2005 would be well within limitation.
Considering the former events of firm response by
the respondents on 8.5.2002 and in particular,
19.9.2002, the correspondence ensued thereafter
2025:UHC:7505-DB
including the two legal notices sent by the appellant,
even if disregarded, the plaint/suit filed on
23.2.2005 would be within limitation in terms
of Article 113."
10. The claim is on the basis of failure to pay.
11. In that view, the question of there being any further
denial would not arise. The cause of action arose, even
according to the appellant-writ petitioner, in 2014. The date,
on which the cause of action arose, is noted in the tabular
column in Paragraph No. 3 of the judgment-rather the period
during which the appellant was denied the benefits.
12. In that view, the instant judgment is not applicable
to the instant facts of the case.
13. There shall be no order as to costs.
14. Pending application, if any, also stands disposed of.
_______________
G. NARENDAR, C.J.
___________________
SUBHASH UPADHYAY, J.
Dt: 25th August, 2025
Rathour
PRAVINDR Digitally signed by PRAVINDRA SINGH
RATHOUR
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postalCode=263001, st=UTTARAKHAND,
serialNumber=1F65499E931DF71CDAF92A40
RATHOUR
CC6179B8E010331BA695239171F906FD5C45
C4E8, cn=PRAVINDRA SINGH RATHOUR
Date: 2025.08.26 11:33:10 +05'30'
