J.S.Salaria v. Union Of India And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DECIDED ON: 16.02.2026 J.S. SALARIA ....PETITIONER(S)
VERSUS
UNION OF INDIA AND ORS ....RESPONDENT(S)
CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL
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SANDEEP MOUDGIL, J (ORAL) #
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*+ (d) Foreign service counts for increments in the timescale applicable to- (i)the post in Government service on which the Government servant concerned holds a lien as well as the post or posts, if any, on which he would hold lien had his lien not been suspended,
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"14. The term "lien" comes from the Latin term "ligament" meaning "binding". The meaning of lien in Service Law is different from other meanings in the context of contract, common law, equity, etc. The lien of a Government employee in Service Law is the right of the Government employee to hold a permanent post substantively to which he has been permanently appointed."
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8.! ;/<5 , "25. Ordinarily, a deputationist has no legal right to continue in the post. A deputationist indisputably has no right to be absorbed in the post to which he is deputed. However, there is no bar thereto as well." #:
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12. The doctrine of election is based on the rule of estoppel the principle that one cannot approbate and reprobate inheres in it. The doctrine of estoppel by election is one of the species of estoppels in pais (or equitable estoppel), which is a rule in equity. By that law, a person may be precluded by his actions or conduct or silence when it is his duty to speak, from asserting a right which he otherwise would have had. Taking inconsistent pleas by a party makes its conduct far from satisfactory. Further, the parties should not blow hot and cold by taking inconsistent stands and prolong proceedings unnecessarily." [ #3
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9. A party cannot be permitted to "blow hotblow cold", "fast and loose" or "approbate and reprobate". Where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is estopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon himself. This rule is applied to ensure equity, however, it must not be applied in such a manner, so as to violate the principles of, what is right and, of good conscience. 6
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Similarly, any other consequential relief claimed by him, such as, promotion etc. would also be subject to the defence of laches etc to disentitle him to those reliefs. the pay fixation can be made only on the basis of the situation existing on 1.8.1978 without taking into account any other consequential relief which may be barred by his laches and the bar of limitation. It is to this limited extent of proper pay fixation the application cannot be treated as time barred since it is based on a recurring cause of action.
6. The Tribunal misdirected itself when it treated the appellant's claim as 'one time action' meaning thereby that it was not a continuing wrong based on a recurring cause of action. The claim to be paid the correct salary computed on the basis of proper pay fixation, is a right which subsists during the entire tenure of service and can be exercised at the time of each payment of the salary when the employee is entitled to salary computed correctly in accordance with the rules. This right of a Government servant to be paid the correct salary throughout his tenure according to computation made in accordance with rules, is akin to the right of redemption which is an incident of a subsisting mortgage and subsists so long as the mortgage itself subsists, unless the equity of redemption is extinguished. It is settled that the right of redemption is of this kind.
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', (SANDEEP MOUDGIL) 16.02.2026 JUDGE anuradha Whether speaking/reasoned :Yes/No Whether reportable :Yes/No