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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Shyamal Kumar Das, S/o Lt.Niranjan Kumar Das – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner aggrieved by pension denial. (Para 2) |
| 2. petitioner's arguments for pension entitlement. (Para 3) |
| 3. respondent asserts all dues paid, denies pension entitlement. (Para 4) |
| 4. rule 26 addresses resignation and forfeiture of past service. (Para 5 , 6) |
| 5. interpretation of resignation and its legal implications. (Para 7) |
| 6. resignation entails forfeiture of past service. (Para 8 , 9 , 10) |
| 7. supreme court rulings on resignation and pension rights. (Para 11 , 12) |
| 8. court dismisses petition; parties bear own costs. (Para 13 , 14) |
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. P. Mahanta, learned counsel for the petitioner and also heard Mr. S.P. Choudhury, learned Assistant Solicitor General of India, for the respondent authorities.
2. The petitioner herein is aggrieved by the letter of the Director General, Border Roads, being No. 15103/GEN/DGBR/26/E1C’B’ dated 12 October, 2010. It is to be noted here that vide said letter, the Director General, Border Roads had rejected the petition filed by the petitioner for grant of pension.
3. Mr. Mahanta, learned counsel for the petitioner submits that the petitioner was appointed on 17.04.1995, as Overseer in General Reserve Engineer F
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.
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....
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.
Discharge from service at one's own request results in forfeiture of past service, precluding entitlement to pensionary benefits under applicable pension rules.
Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
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