{"id":500,"date":"2020-04-23T10:29:56","date_gmt":"2020-04-23T10:29:56","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=500"},"modified":"2021-01-07T05:17:52","modified_gmt":"2021-01-07T05:17:52","slug":"denial-of-salary-allowance-or-any-other-recurring-benefit-is-a-continuing-wrong-and-thus-not-barred-by-limitation-himachal-pradesh-high-court","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/denial-of-salary-allowance-or-any-other-recurring-benefit-is-a-continuing-wrong-and-thus-not-barred-by-limitation-himachal-pradesh-high-court\/","title":{"rendered":"Denial of salary, allowance or any other recurring benefit is a continuing wrong and thus not barred by limitation: Himachal Pradesh High Court"},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 14th January 2020  <\/strong><\/p>\n\n\n\n

Jagdish Chand V\/s. State of Himachal Pradesh & Ors. CWP No. 2411\/2019<\/strong><\/p>\n\n\n\n

FACTS OF THE CASE<\/strong><\/strong><\/p>\n\n\n\n

  1. The\nUpasaks were granted the benefit of Joga Singh\u2019s Judgment by the High Court in\nthe year of 2015 while directing the State to count the services rendered by\nthem for the purpose of pension under CCS(Pension) Rules, 1972, annual\nincrements, seniority, promotion and other consequential benefits.\nSubsequently, the SLP and the review petition led against the said order came\nto be dismissed, thus granting finality to the High Court’s order. Claiming to\nbe situated in a similar position as the Upasaks, the present petitioner Junior\nBasic Teachers had approached the High Court for extension of the benefit\ngranted in Joga Singh’s judgment to them, by presentation of present petition.  <\/li>
  2. The\nPetitioners had in fact argued that their services were regularized in 2006,\nprior to regularization of Upasaks, and thus non-extension of Joga Singh’s\njudgment to them had virtually made them juniors to their actual\njuniors\/Upasaks.<\/li>
  3. The\nState opposed the petition stating that it was barred by limitation under\nSection 21 of Administrative Tribunal Act. Reliance was placed on Union of India v. C. Girija & Ors.<\/strong>,\n(2019) 3 SCALE 527, to state that the petitioners were fence sitters and\ntherefore, they should not be allowed to reap the benefit of judgment in Joga\nSingh’s case which was also considered to be bad in law. <\/li><\/ol>\n\n\n\n

    ISSUES\nRAISED<\/strong><\/p>\n\n\n\n

    1. Whether\nthe issues pertaining to the payment of salary, allowance, etc. are not barred\nby limitation due to their recurring nature? <\/li><\/ol>\n\n\n\n

      RULING OF THE COURT\/ THE\nCOURT HELD THAT<\/strong><\/p>\n\n\n\n

      Observing\nthat the issues pertaining to payment of salary, allowance, etc. are not barred\nby limitation due to their recurring nature, the Himachal Pradesh High Court\nvide this judgment directed the State to count the services rendered by Junior\nBasic Teachers on contract basis w.e.f. 7.8.1997, for the purposes of pension\nunder CCS (Pension) Rules, 1972, annual increments, seniority, promotion and\nother consequential benefits. The following was verbatim is reproduced that of\nthe judgment: <\/p>\n\n\n\n

      1. Relying upon the case of State of Madhya Pradesh & Ors. v.\nYogendra Srivastava<\/strong> held, “Where\nthe issue relates to payment or fixation of salary or any allowance, the\nchallenge is not barred by limitation or the doctrine of laches, as the denial\nof benefit occurs every month when the salary is paid, thereby giving rise to a\nfresh cause of action, based on continuing wrong\u201d. <\/em><\/li>
      2. Further it was held that, <\/em>the Petitioner JBTs at par with the\nVidya Upasaks, whose services though regularized in 2007, were counted from\ntheir initial dates of appointment for the purposes of pension under CCS\n(Pension) Rules 1972, annual increments, seniority, promotions, etc., as per\nthe law laid down in Joga Singh &\nOrs. v. State of H.P. & Ors<\/strong>., CWP No.8953\/2013.<\/li>
      3. “Judgment in Joga\nSingh’s case is virtually a judgment in rem in so far as JBT cadre is\nconcerned. Contractually appointed JBTs (petitioners) and Vidya Upasaks (Joga\nSingh & others) eventually were regularized as JBTs & merged into one\ncadre of JBT. Petitioners were appointed as JBTs on contract basis prior in\ntime to Joga Singh & others’ appointment as Vidya Upasaks. Appointment of\nboth the categories was against sanctioned and regular posts. Petitioners were\nregularized as JBTs prior in time to regularization of Vidya Upasaks. Benets of\ncounting past service granted to all Vidya Upasaks as a category in whole treating\nit as qualifying service towards grant of pension under CCS (Pension) Rules,\n1972 and annual increments cannot be denied to the petitioners, who were\nseniors to VU.”<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

        Harshit Sharma | Amity Law School, Madhya Pradesh | 14th January 2020  Jagdish Chand V\/s. State of Himachal Pradesh & Ors. CWP No. 2411\/2019 FACTS OF THE CASE The Upasaks were granted the benefit of Joga Singh\u2019s Judgment by the High Court in the year of 2015 while directing the State to count the services […]<\/p>\n","protected":false},"author":144,"featured_media":469,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[28],"tags":[],"yoast_head":"\nDenial of salary, allowance or any other recurring benefit is a continuing wrong and thus not barred by limitation: Himachal Pradesh High Court - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/denial-of-salary-allowance-or-any-other-recurring-benefit-is-a-continuing-wrong-and-thus-not-barred-by-limitation-himachal-pradesh-high-court\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Denial of salary, allowance or any other recurring benefit is a continuing wrong and thus not barred by limitation: Himachal Pradesh High Court - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 14th January 2020  Jagdish Chand V\/s. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Denial of salary, allowance or any other recurring benefit is a continuing wrong and thus not barred by limitation: Himachal Pradesh High Court - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/denial-of-salary-allowance-or-any-other-recurring-benefit-is-a-continuing-wrong-and-thus-not-barred-by-limitation-himachal-pradesh-high-court\/","og_locale":"en_US","og_type":"article","og_title":"Denial of salary, allowance or any other recurring benefit is a continuing wrong and thus not barred by limitation: Himachal Pradesh High Court - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 14th January 2020  Jagdish Chand V\/s. 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":134,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/500"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=500"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/500\/revisions"}],"predecessor-version":[{"id":6963,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/500\/revisions\/6963"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/469"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=500"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=500"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=500"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}