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FARJAND ALI
Suman Lata Kapur W/o Shri Pratap Kapur – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
GRIEVANCE/PRAYER:
1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner ventilating her grief over the termination of her services by the respondent authorities vide order dated 18.07.2000 (Annexure-7) and has sought benevolence of this Court to quash and set aside the said termination order as well as to reinstate her in service, or alternatively, to treat her as being in service up to passing of the impugned order and release her post-retirement/termination benefits.
FACTS OF THE CASE:
2. Bereft of elaborate details, the brief facts necessary for disposal of the instant writ petition are as under:
2.2. On 06.07.1995, she applied for seven days’ leave with permission to leave headquarter for investigation, diagnosis and medical treatment of her son, who was suffering from Congenital Osteogenesis
Termination of service without due process is illegal; absence should be treated as resignation, not termination.
Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
Pension eligibility cannot be claimed without meeting statutory service requirements and timely judicial action against employment decisions.
Termination of service must be communicated effectively; otherwise, it lacks legal force, especially for regular employees protected under specific service rules.
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.
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