Resignation simpliciter does not entail forfeiture of past service and retirement benefits, unless the resignation is given for misconduct, insolvency, inefficiency not due to age, or failure to pass a prescribed examination.

S. J. Mukhopadhaya, J. - The petitioner, who resigned from the post of Reader, Patna University has prayed for direction on the respondents to pay him salary for the period May, 1990; other arrears prior to 1992; for the period from January, 1993 to June, 1994; gratuity and leave encashment.

2. One of the question to be determined in this case is whether resignation from service entails forfeiture of past service amounting to forfeiture of retirement benefits or not?

3. Admittedly the petitioner was in the services under the respondent-Patna University functioning as Reader, Department of Geology in the Science College, Patna. He resigned from service, which was accepted by the Patna University with effect from 1 st July, 1994.

4. According to the petitioner, after his resignation, the salary for the period from January, 1992 to December, 1992, which was due to him, was paid, but remaining salary for the period aforesaid have not yet been paid. The respondent-Patna University has also not released the gratuity and leave encashment amount till date, in his favour.

5. According to the counsel for the Patna University, the teachers are required to submit a monthly progress report of classes taken/subjects taught, duly countersigned by the Principle of the College or Head of the department, along with salary bill for the purpose of releasing salary of every month as laid down vide circular issued by the Patna University contained in letter no. G/7497 dated 7th October, 1991. Only on receipt of such monthly progress report and salary bill, the salary can be released. The petitioner earlier challenged the aforesaid circular dated 7th October, 1991 with prayer for payment of salary. The said case was disposed of on 13.5.1993, when this Court did not choose to set aside the circular in question and observed that the teaching staff should feel inclined to comply with aforesaid requirement to prevent any malpractice. If there was any difficulty in complying with such requirement, the petitioner is entitled to make representation before the authority for exemption and the appropriate authority should consider the same and make any modification, if it thinks proper.

6. So far as retirement benefit of gratuity and leave encashment is concerned, the counsel for the University relied on Article 12 (1) of 'General Condition of Service under 'Chapter I' of the Statute and submitted that the petitioner having resigned from service his past service forfeited and so he is not entitled for such benefit.

7. Before deciding the first question relating to arrears of salary and the effect of circular dated 7.10.91, I would like to discuss the second question relating to forfeiture of past service on resignation.

The employees of the University are guided by two statutes, one relating to 'General Condition of Service' and the other relating to 'retirement benefits'. While relevant provision stipulating forfeiture of past service has been laid down under Article 12(1) of Statute relating to 'General Condition of Service', under the heading 'Resignation and Dismissal', such provision relating to forfeiture of past service has been so laid down under Article 14 of the Statute relating to 'Retirement Benefits'. It is, therefore, necessary to take into note the aforesaid provision, as set out hereunder :

Article 12(1) of Statute relating to 'General Condition of Service'.

"12 (1) - Resignation from service, or dismissal or removal from it for misconduct, insolvency, inefficiency, not due to age or failure to pass a prescribed examination entails forfeiture of past service."

Article 14 (1) and (vii) of Statute relating to 'Retirement Benefits'.

"14(1) - "Qualifying service" means service rendered as a member of the staff of the University in a substantive capacity including period spent on probation. All services rendered in the University on a full time basis, on a temporary or officiating capacity followed without interruption by substantive appointment i