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RAJESH BINDAL, MANMOHAN
Ashok Kumar Dabas (Dead through Legal Heirs) – Appellant
Versus
Delhi Transport Corporation – Respondent
| Table of Content |
|---|
| 1. leave granted for appeal (Para 1 , 2) |
| 2. background facts of employment and resignation (Para 3 , 4 , 8) |
| 3. arguments for entitlement to pension and benefits (Para 5) |
| 4. counterarguments against appellant's claims (Para 6) |
| 5. analysis of rules governing pension entitlement (Para 9) |
| 6. gratuity entitlement based on service duration (Para 10) |
| 7. agreement on leave encashment payment (Para 11) |
| 8. conclusion on appeal and relief granted (Para 12) |
JUDGMENT :
Rajesh Bindal, J.
1. Leave granted.
2. The appellant has filed the present appeal impugning the order1 [Dated 20.12.2022 in W.P. (C) No. 13642/2018] passed by the Division Bench of the High Court.2 [High Court of Delhi at New Delhi] The High Court has upheld the orders3 [Dated 24.09.2018 in O.A. No. 4645/2015 and 29.10.2018 in R.A. No. 207/2018] passed by the Tribunal4 [Central Administrative Tribunal, Principal Bench, New Delhi] by which the claim of the predecessors-in-interest of the appellant, for release of the pensionary benefits of the deceased employee, was declined.
3. Briefly, the facts as available on record are that
Resignation forfeits past service; legal heirs entitled to gratuity and leave encashment after five years of service, but not entitled to pension under specified rules.
Resignation under CCS Pension Rules Rule 26 forfeits past service, barring pensionary benefits to employee or family despite service rendered; distinct from voluntary retirement; no retrospective app....
The judgment established the distinction between resignation and voluntary retirement, upheld the disqualification of pensionary benefits in case of resignation, and emphasized that the petitioner kn....
Resignation from service entails forfeiture of past service unless it qualifies as a 'Technical Resignation' under specific conditions, which were not met in this case.
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