SANJIV KHANNA, J.

The petitioner, Raj Kumar was appointed as a Cook in the Central Reserve Police Force on 22nd May, 1989.

2. The petitioner tendered his resignation on 28th February, 2000.

3. The resignation was accepted and the petitioner was discharged from service on 31st March, 2000.

4. The petitioner has filed the present writ petition challenging vires of Rule 26 of the Central Civil Services (Pension) Rules, 1972, (Pension Rules, for short) to the extent it states that resignation from service or post entails forfeiture of past service. The forfeiture stipulation in Rule 26, it is submitted, violates Articles 14, 16, 19 and 21 of the Constitution.

5. The primary contention of the petitioner is that under Rule 40 of the aforesaid Rules on compulsory retirement, the disciplinary authority is competent to and can direct grant of pension, gratuity or both at a rate not less than two-thirds and not more than full pension, gratuity or both. Compulsory retirement is a penalty and, therefore, a government servant who is penalised does not lose and cannot be denied pensio