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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Sushil Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Mandamus and Certiorari, seeking quashing of the discharge order dated 30.08.2018 (Annexure P-7) and the consequential order dated 23.01.2019 (Annexure P-8), with a further direction to the respondents to grant the petitioner all retirement benefits, including pension, gratuity, and provident fund with interest, treating his exit from service as a case of “Voluntary Retirement” after completion of 25 years of service.
BRIEF FACTS
2. The petitioner was initially appointed as a work-charge employee and his services were regularized as a Peon (Class-IV employee) w.e.f. 01.04.1993. The petitioner claims to have rendered total regular service of 25 years and 04 months from 01.04.1993 to 30.08.2018.
2.1 Vide application dated 11.06.2018 (Annexure P-6), the petitioner submitted a letter to the Commissioner, Municipal Corporation, Ambala. The relevant extract of the said application reads as under:
“Sir, It is requested that I, Sushil Kumar... working as permanent Peon... Due to my personal problem I am unable to perform
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....
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
Resignation and voluntary retirement are distinct; an employee who resigns after a pension scheme's applicability cannot claim its benefits.
Discharge from service at one's own request results in forfeiture of past service, precluding entitlement to pensionary benefits under applicable pension rules.
Resignation from service leads to forfeiture of past service, irrespective of medical grounds as per Rule 23 of the Tamil Nadu Pension Rules, 1978.
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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