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SOUMEN SEN, UDAY KUMAR
North Bengal State Transport Corporation – Appellant
Versus
Subhash Chandra Kar – Respondent
JUDGMENT :
Uday Kumar, J.
1. This appeal is preferred by North Bengal State Transport Corporation (hereinafter referred to as NBSTC) and the Managing Director NBSTC to challenge the order dated 6th July 2023 passed in WPA 22050 of 2022 by Hon’ble Single Judge on the ground that
b. ‘Resignation’ of respondent would not be considered as ‘Technical Resignation’ and
c. Rule 33 (2) of the West Bengal (Death Cum Retirement Benefit) Rules 1971 (hereinafter referred to as the DCRB Rules 1971), would not be applicable to the employees of Corporation.
d. The respondent does not fall under any of the four classes of pensionable employees as enumerated in NBSTC’s Employees’ Pension Regulation, 1990.
2. The brief facts as appear from the material on record that Subhash Chandra Kar, respondent had joined NBSTC as an ‘artisan’ at Siliguri depot on 15th October 1991. He opted NBSTC Employees’ Pension Regulation, 1990 instead of earlier Contributory Provident Fund Scheme, but he was not satisfied with his job. So on 11
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.
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....
Technical Resignation allows previous temporary service to count towards pension benefits if the resignation is accepted by conduct, affirming the principle of continuity in service.
(1) Resignation and Voluntary Retirement are different – Employees resigning from service and employees retiring from service voluntarily constitute two different classes – Treating two classes diffe....
Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
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
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