Applicability of Limitation Act, 1963 to a reference Petition

The period of limitation for filing a reference petition shall be one year. It means that the petition, shall be filed before the Tribunal within one year from the date of the knowledge of final order passed by the Competent Authority. The legal position with regard to filing of a claim petition has been discussed in the preceding Para's. It is now established that if the order have been passed by the governor with regard to a public servant governed by the rules of 1999 then the claim petition shall be filed within one year from the date of knowledge and with regard to those public servant whose appointing authority is not the governor has a right to file an appeal under section 11 of the rules of 1999 and if any final order is passed on appeal then the claim petition shall be filed within one year from the date of communication of final order to the public servant.

If the government or the governor by invoking its powers suo moto or on representation or review of an employee governed by the rules of 1999 has passed an order then also the public servant who gets a fresh cause of action on account of such an order can file a claim petition within from the date of communication of such order.

Likewise a Police Officer of subordinate rank governed by the rules of 1991 can file a claim petition within one year from the date when a final order is passed on his statutory remedy of revision and after its communication.

The provisions of the Limitation Act, 1963 shall mutatis mutandis apply to reference under Section 4 as if a reference were a suit filed in Civil Court. For the sake of clarity Section 5 (b) is reproduced as under:

(a) The provisions of the Limitation Act, 1963 (Act 36 of 1963) shall mutatis mutandis apply to reference under Section 4 as if a reference where a suit filed in civil court, so however that :

Notwithstanding the period of limitation prescribed in the Schedule to the said Act, the period of limitation for such reference shall be one year;

ii. In computing the period of limitation the period beginning with the date on which the public servant makes a representation or prefers an appeal, revision or any other petition (not being a memorial to the Governor), in accordance with the rules or orders regulating his conditions of service, and ending with the date on which such public servant has knowledge of the final order passed on such representation, appeal, revision or petition as the case may be, shall be excluded;

Provided that any reference for which the period of limitation prescribed by the Limitation Act, 1963 is more than one year, a reference under Section 4 may be made within the period; Prescribed by that Act, or within one year next after the commencement of the Uttar Pradesh Public Services (Tribunals) Amendment) Act, 1985 whichever period expires earlier;

Provided further that nothing in this clause as substituted by the Uttar Pradesh Public Services (Tribunal) (Amendment) Act 1985 shall affect any reference made before and pending at the commencement of the said Act.