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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Phulamu Devi – Appellant
Versus
State of H.P – Respondent
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 and fair play.
c) That this Hon'ble Court may kindly be pleased to issue writ in the nature of Mandamus, thereby directing the respondents to grant the applicant/petitioner compassionate allowances as admissible to him as per the law.”
2. Shorn of unnecessary details, the key facts of the case are that the husband of the applicant was appointed with the respondents-State as Helper. As per pleadings in the petition, he had worked with the respondents-State w.e.f. 01.11.1983 to 30.12.1996. Thereafter, he was conferred work charge status w.e.f. 01.01.1997 vide office order dated 22.05.1998
3.
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.
(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 without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
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