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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), KOHIMA BENCH
MITALI THAKURIA
Thsitongo Sangtam @ Tsidongo Sangtam, S/o. Late Sekicho – Appellant
Versus
State Of Nagaland, Represented Through The Chief Secretary To The Government Of Nagaland – Respondent
| Table of Content |
|---|
| 1. petitioner's service details and dismissal. (Para 2 , 3 , 4) |
| 2. arguments regarding pension entitlement. (Para 5 , 6 , 10 , 11 , 12) |
| 3. court's assessment of pension rules. (Para 13 , 19 , 21 , 24) |
| 4. clarifications on qualifying service. (Para 14 , 27 , 28) |
| 5. pension viewed as a right, respondents contest based on resignation. (Para 18) |
| 6. entitlement hinges on 'discharge' terms under pension rules. (Para 25) |
| 7. court dismisses petition based on entitlement rules. (Para 29) |
| 8. final dismissal of the writ petition. (Para 30) |
JUDGMENT :
(MITALI THAKURIA, J.)
Heard Mr. Imti Longchar, learned counsel for the petitioner. Also heard Ms. Inaholi, learned Government Advocate for the State respondent Nos. 1 to 5 and Mr. N. Mozhui, learned counsel for the respondent No. 6.
2. The petitioner has filed this application under Article 226 of the Constitution of India praying for a writ in the nature of Certiorari, Mandamus or any other appropriate writ directing the State respondent to pay pension and pensionary benefits for the service rendered by the petitioner as a constable for 14 years 11 months and 3 days.
3. The case of the petitioner, in brief is that, he belongs to Sangtam st t
Discharge from service at one's own request results in forfeiture of past service, precluding entitlement to pensionary benefits under applicable pension rules.
Pension entitlement is protected under law for personnel with over ten years of service, regardless of subsequent resignations, provided statutory rules for retirement were adhered to.
Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
Resignation from service results in forfeiture of past service, disqualifying the employee from pensionary benefits unless exceptions apply.
Resignation under CCS Pension Rules Rule 26 forfeits past service, barring pensionary benefits to employee or family despite service rendered; distinct from voluntary retirement; no retrospective app....
Resignation from service leads to automatic forfeiture of past service and pension rights under Rule 26 of the CCS Pension Rules, 1972, regardless of prior continuous service.
Dismissal from service does not negate prior service and pension eligibility unless explicitly stated in dismissal order; effectiveness of CCS Rules guide pension rights.
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