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SANDEEP V. MARNE, MANGESH S. PATIL
Bhagwanrao S/o. Anantrao Chate (d) thr. LRs. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.
2. The present petition was initially instituted by late Bhagwanrao S/o Anantrao Chate challenging the communication dated 27.07.2016 by which his request for payment of pension and other retiral benefits was denied. During pendency of present petition, late Bhagwanrao Anantrao Chate unfortunately expired and his legal heirs are prosecuting the petition. For the purpose of convenience, we are referring late Bhagwanrao Anantrao Chate as the petitioner.
3. The petitioner claims to have worked as an Assistant Teacher in the respondent No. 4 school during the period from 20.03.1965 to 15.07.1967 on fixed pay. He tendered resignation to respondent No. 4 school and immediately joined respondent No. 5 school on 16.07.1967 as an Assistant Teacher again on fixed pay. He claims that on 01.11.1969, he was given a pay scale of Rs. 105 - 125 and was thereafter granted yearly increments.
4. The petitioner tendered resignation to the respondent No. 5 school vide letter dated 30.12.1984. In the letter he requested for relieving him with effect from 31.03.1985. There is an en
Resignation does not qualify as voluntary retirement under Rule 66 of the Pension Rules, and service on fixed pay is not eligible for pension.
The main legal point established in the judgment is that the respondent No.4 is entitled to pension benefits as her application for voluntary retirement ought to have been accepted in the year 2003 i....
Resignation entails forfeiture of past service, making the employee ineligible for pensionary benefits.
An employee if has attained the age of 50 years and has spent 20 years of service, he would be entitled to seek voluntary retirement and so consequential benefits
A government employee who resigns from service due to personal or domestic reasons without any pending disciplinary proceedings is entitled to proportionate pension under Rule 6.16(2), as the forfeit....
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