IMPORTANT POINT
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.

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

a. Clause 17 of NBSTC’s Employees’ Pension Regulations 1990 provides that any form of resignation or dismissal or removal from the service of corporation entails forfeiture of past service,

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 11th April 2008 he prayed to the NBSTC to issue a ‘No Objection Certificate’ to apply for a prospective job. Subsequently, he tendered his resignation to NBSTC after getting a job of ‘Workshop Instructor (Electronic)’ at Siliguri Government Polytechnic, which was accepted by NBSTC Authority with effect from the 3rd June 2008 and was communicated to the respondent vide memo no. 4554 dated 07th August, 2008. Consequently, the NBSTC Authority disbursed last pay & allowances to him on 03.06.2008 and Dy. Managing Director, NBSTC communicated the same to respondent vide Establishment Order No. 474 dated 7th August, 2008. Following the 1990 Regulation, his final gratuity of Rs.78,524/- was calculated and sanctioned on concurrence of Account Department vide Establishment order no. 524 dated 04.09.2008. Vide Memo no. 5114 dated 4th September, 2008, respondent was informed as to the sanction of the said gratuity amount but he requested NBSTC Authority vide his letter dated 21st November, 2008 not to release his final gratuity, as he intended to avail benefit of continuation of service in the Siliguri Government Polytechnic. Hence, the said sanction order was cancelled/recalled by NBSTC Authority and the same was communicated to respondent vide memo 66 dated 03.01.2009.

3. Accordingly, respondent prayed to the Technical Education Department, Government of West Bengal to grant benefit of pay protection, by taking into account his previous continuous service rendered at NBSTC as per the provisions of WBS (ROPA) Rules, 2009, but the department turned down his prayer by referring to the observation of Finance Department, Government of West Bengal. It was observed that respondent’s appointment as ‘Workshop Instructor’ in Siliguri Government Polytechnic, was a fresh one and his resignation from service entails forfeiture of past service, and the same was communicated to the respondent vide memo 1002 dated 10th February 2015 of Joint Secretary, Department of Education Technology (Polytechnic Branch), Government of West Bengal.

4. After superannuation from service in September 2021, the Respondent prayed to the Managing Director of NBSTC Cooch-Behar for releasing the retiral benefits accrued in his favour, in lieu of the services he rendered to the NBSTC for about 17 years, along with the monthly pension on regular basis and arrears, to which he was legally entitled to. In this regard, the Principal of Siliguri Government Polytechnic Siliguri also made a communication vide memo no 181/SGP/2021 dated 01.10.2021, to the Managing Director, NBSTC Cooch Behar, for release of Pension and Gratuity to respondent to which he was entitled as per rule. His service book was also sent to Appellant No.2 for final settlement of his pension and gratuity. Since no response was received fro