It may depend on the service to which you belong and the relevant laws / rules that govern that service and whether any specific limitation period is provided therein. For example, if you are in the Central Government service, then the time limit may be one year to challenge the termination before the Central Administrative Tribunal, as per the provisions of Section 21 of the Administrative Tribunals Act, 1985. For some other services, it may be 3 years, where there is no specific provision for limitation under the relevant law, since the Limitation Act, 1963, provides the period of 3 years for declaration that the termination from service was contrary to law [under Article 58 of Schedule 1 to the said Act].
For example, in the case of Rajasthan SRTC v. Nand Lal, 1999 SCC (L&S) 658, in respect of an employee of the Rajasthan State Road Transport Corporation, the Supreme Court held that:
“Under Article 58 of the Schedule to the Limitation Act, 1963, three years’ limitation is prescribed to obtain a declaration that termination of his services is contrary to law. The right to sue arises from the date of termination. The limitation of 3 years begins to run from the said date. The right to a declaration that his service was wrongfully terminated had arisen on 28-9-1979 and continued to exist till it expired by the efflux of time unless its running is interrupted by an order of a competent court.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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