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SANJEEV SACHDEVA, MANOJ JAIN
Krishan Kumar Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Jain, J.
1. Petitioner has invoked writ jurisdiction of this Court seeking directions to the respondents to release pensionary benefits to him in accordance with Regulation 4 of NABARD Pension Regulations, 1993 (hereinafter referred to as the Regulations).
2. Let us have a quick glance over the facts.
3. Petitioner had earlier worked in Indian Army as Clerk (General Duty) from 22.12.1972 to 14.02.1982 (nine years and 54 days).
4. After leaving Indian Army, he joined National Bank for Agriculture and Rural Development (hereinafter referred to as `NABARD') on 29.10.1984.
5. His previous service rendered in Indian Army was also duly considered and acknowledged and he was even granted `family allowance' for such past service.
6. He, however, tendered resignation on 01.08.1996. He contends that since he was in the government service for more than 21 years, inclusive of his said stint in Indian Army, he was entitled to pensionary benefits. According to him, as per Regulation 4 of the Regulations also, he was entitled to get pension on completion of mere 10 years of service.
7. His such resignation was duly accepted by NABARD and thus, he ceased to be in the service o
Resignation entails forfeiture of past service, making the employee ineligible for pensionary benefits.
Resignation and retirement have different legal implications, and the scope of a pension scheme may not extend to resigned employees.
The main legal point established in the judgment is that the distinction between voluntary retirement and resignation, as well as the forfeiture clause under the Indian Overseas Bank (Employees') Pen....
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
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....
(1) There is distinction between “resignation” and “voluntary retirement” – Though both involve voluntary acts, they operate differently.(2) When legislature, in its wisdom, brings forth certain bene....
Resignation does not qualify as voluntary retirement under Rule 66 of the Pension Rules, and service on fixed pay is not eligible for pension.
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