Reinstated employee salary arrears cannot be refused on limitation grounds when the underlying right to pay survives.

Limitation under civil procedure does not govern the Government's statutory ination of pay and allowances on reinstatement, and a time-barred claim merely bars the remedy in court without extinguishing the underlying right to salary. Rule 54 of the U.P. Fundamental Rules did not authorise refusal of arrears on an extraneous limitation ground; it only enabled consideration of pay and allowances payable on reinstatement. The servant's unlawful deprivation of service and later reinstatement preserved an enforceable entitlement to salary for the entire period of absence, including increments, dearness allowance and interest. The refusal to pay arrears was invalid and without jurisdiction.

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Issues: Whether the Government could refuse payment of arrears of salary to a reinstated Government servant on the ground that the claim for part of the period was time-barred, and whether the impugned orders withholding salary on that basis were valid.

Analysis: The limitation law governs suits, appeals and applications in courts and does not extend to the exercise of statutory power by the Government when determining pay and allowances payable on reinstatement. A claim being time-barred in a civil court only bars the remedy; it does not extinguish the underlying right to salary. The Government also could not rely on Rule 54 of the U.P. Fundamental Rules to import limitation as a ground of refusal, because that rule only authorises consideration of pay and allowances on reinstatement and does not permit rejection on an extraneous ground. Since the petitioner had been unlawfully deprived of service and later reinstated, his entitlement to salary for the relevant period was a statutory and enforceable right.

Conclusion: The refusal to pay arrears on the ground of limitation was invalid and without jurisdiction, and the petitioner was entitled to payment of his salary and allowances for the entire period of absence, with increments, dearness allowance and interest.

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