further submitted that the non-payment of salary is recurring
cause of action and relied upon a judgment passed by Hon'ble High Court ... deciding
bunch of petitions, viewed that non-payment of salary is recurring cause of
action and hence cannot be time barred.
iii) It is further
Tanaji Balasaheb Gambhire vs Union Of India Through Secretary Moef & ... on 10 August, 2023
cause of
action first arose' in contradistinction to 'cause of action'
simplicitor. Accrual of right to sue means accrual of cause ... cause of action first arose' would have to be
understood in reference to continuing cause of action, where the
cause of action is recurring
contradistinction to 'cause of action first arose', there
could be 'continuing cause of action', 'recurring cause of action ... Thus, the expressions 'cause of action first arose', 'continuing
cause of action' and 'recurring cause of action' are well
efforts to
come back for duty and thus there was a recurring cause of
action for them to resume duty and, therefore, the time
prescribed ... that basis, the High Court is of the view that
the recurring cause of action arose because as and when
employees reported for duty they
respondent-applicant had contended before the NGT that there
was a recurring cause of action in the light of the illegal
construction; the only date ... regard to illegal commencement of
work on the KLIS. There is recurring cause of action as there is illegal
construction ongoing on forest as well
plaintiff lost his right to
claim wages and, therefore, it gave recurring cause of action to the
appellants.
In support of this contention, reliance ... Singh and Ashok Kumar (supra) the point with
regard to the recurring cause of and continuous
loss when the order of increment with cumulative
effect
requirement or non payment of rent is concerned, it is a recurring cause of action. The Apex Court in AIR 2001 SC 2469, in paragraph ... held that such a bar will not apply as there is recurring cause of action. It was held in paragraph 6 thus:
In our view
hopelessly barred by limitation and that the theory of continuous
and recurring cause of action pressed on behalf of the
respondents-workmen was unacceptable ... orders, the Industrial
Court accepted the contention regarding continuous and recurring
cause of action, specifically relying upon Clause 2(g)(viii) of the
Model Standing
payment and/or denial of pension gives rise to a recurring cause of action, the Tribunal should take a liberal and sympathetic view and decide ... their Lordships that the right to claim pension gives a recurring cause of action.
9.2 In Sualal Yadavs case (supra), the Honble Supreme
