Judgment

Arijit Pasayat, J.—Challenge in this appeal is to the judgment rendered by a Division Bench of the Patna High Court holding that respondent is entitled to pension under the Central Civil Services Pension Rules (in short the ‘Rules’). The view expressed by the Central Administrative Tribunal about the respondent’s entitlement to suspension was upheld.

2. The undisputed factual background is as follows:—

The respondent was serving as a temporary Sorter on being appointed by the Superintendent, Railway Mail Service, ‘U’ Division, Muzaffarpur w.e.f. 14.10.1959. He was posted in the office of SRO Sonepur. He tendered his resignation on 16.5.1977 to contest election to Bihar Legislative Assembly. The resignation was accepted by letter dated 17.5.1977. Long after the resignation was accepted i.e. nearly after about two decades, the respondent filed a representation before the Chief Post Master General, Bihar Circle, Patna for grant of pension. The same was rejected on the ground that since the respondent had resigned, by operation of Rule 26(1) of the Rules his past service stood forfeited and, therefore, he was not entitled to any pension. The decision was communicated by the Assis