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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Phulamu Devi – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. widow claims family pension despite husband's short service and resignation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. rule 26 forfeits past service upon resignation. (Para 6 , 7) |
| 3. petitioner's cases distinguished; resignation not equivalent to retirement. (Para 8 , 9 , 11) |
| 4. three-judge bench overrules: resignation forfeits pension benefits. (Para 10) |
| 5. resignation distinct from voluntary retirement; rule 26 bars pension. (Para 12) |
| 6. stale claim rejected due to delay post-resignation acceptance. (Para 13 , 14) |
| 7. writ petition dismissed for lack of merit and laches. (Para 15 , 16) |
1.By way of present petition, the petitioner being widow of deceased Ranjha Ram, who was working with the respondents-Department and resigned from service w.e.f. 13.08.2003, has prayed for grant of the following substantive reliefs:-
“a). That the respondent may be directed to release/grant the family pension to the applicant.
b) That the direction may kindly be issued to the respondents that all the pensionary benefits due from the date the pension is payable to the husband of the applicant may be released to the applicant with interest etc. in the interest of justice an
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....
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....
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
(1) Resignation and Voluntary Retirement are different – Employees resigning from service and employees retiring from service voluntarily constitute two different classes – Treating two classes diffe....
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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