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2015 Supreme(All) 990

ARUN TANDON, BHARAT BHUSHAN
ANIL KUMAR GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Trivedi, Meena Singh, Ram Prakash Upadhyay and Kamlesh Shukla for the Petitioner; C.S.C., Nripendra Mishra and Pankaj Kumar Shukla for the Respondents.

JUDGMENT

By the Court.—Petitioner before this Court seeks quashing of the order dated 26.5.2011, Annexure-5 to the writ petition, whereby Under Secretary of U.P. Power Corporation Limited (hereinafter referred to as the Power Corporation) has informed the petitioner that since he had submitted resignation vide letter dated 10.12.2010 with the request that he wishes to resign from the service of Corporation and the period of notice may be adjusted against the leave encashment, his request had been accepted by the Corporation and intimation in this regard was supplied to the petitioner on 30.3.2011, therefore, in view of such acceptance of resignation, the petitioner is not entitled to pension in view of clause (6) of Corporation’s circular dated 1.5.2003 as any employee resigning from the services of Power Corporation is not entitled to pension.

2. On behalf of the petitioner, initially it was contended that before his resignation could be accepted, he had submitted another letter dated 15.9.2010 for treating his resignation as a request for voluntarily retirement. He submitted that in view of clause (6) of Corporation’s circular dated 1.5.2003, he is entitled to post retiral benefit





















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