Point of Law: Rule 26 of Central Service Pension Rules, 1972 provides that resignation from service entails forfeiture of past service.

JUDGMENT :

1. Heard Shri Siddharth Khare, learned counsel for the appellant, Shri Gautam Saha assisted by Shri Neeraj Pandey, learned counsel appearing for first respondent and Shri Bal Mukund, learned counsel appearing for second and fourth respondent.

2. Respondent-appellants, by the instant intra court appeal, have challenged the judgment and order dated 18 January, 2019, passed by the learned Single Judge, in Harsh Vardhan vs. Secretary, Government of India and others, Writ-A No. 36901 of 2017, whereby, the writ petition instituted by the first respondent/petitioner came to be allowed.

3. The respondent/petitioner challenged the communication dated 25 July 2016, issued by the Secretary, Government of India, Ministry of Shipping, whereby, the request of the respondent for voluntary retirement and pensionary benefits was rejected being inadmissible as the respondent-petitioner had not completed 20 years of qualifying service. Further, direction was sought by the writ petitioner to grant pensionary benefits after accepting his application for voluntary retirement. The writ court allowed the writ petition setting aside the orders impugned, therein, and directed to treat the petitioner in regular service w.e.f. 9 May 1988, and treat him to have voluntary retired w.e.f. 8 May 2008, consequently, directed to give the writ petitioner all consequential relief as admissible to him.

4. The learned counsel appearing for the first respondent/petitioner has raised a preliminary objection with regard to the maintainability of the writ petition. It is submitted that shipping and navigation on inland waterways falls in Entry 32 of the Concurrent List to the Seventh Schedule, accordingly, would be barred under Chapter VIII, Rule 5 of Allahabad High Court Rules, 1952 (for short ''Rules').

5. Reliance has been placed on the Full Bench decision rendered by this Court in Sheet Gupta vs. State of U.P. and others, AIR 2010 All 46.

6. Per contra the learned counsel appearing for the appellant submits that the appellant is Inland Waterways Authority of India, constituted under the Inland Waterways Authority of India Act-1985, by Parliament enactment, in exercise of its powers on a subject matter enumerated under Entry 24 of the Union List, providing for shipping and navigation inland waters, declared by Parliament of India by law to be national waterways.

7. Chapter VIII Rule 5 of the Rules reads thus :

"Special appeal:- An appeal shall lie to the Court from a judgment (not being a judgment passed in exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal jurisdiction [or in the exercise of the jurisdiction conferred by Article 226 or Article 227 of the constitution in respect of any judgment, order or award-(a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the constitution, or (b) of the Government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge."

8. The Full Bench, inter alia, in paragraph 18 of the report held as follows :

"1.

x

x

5.

6. The order made by one Judge in the exercise of jurisdiction conferred by Article 226 or 227 of the Constitution of India in respect of any judgment, order or award of

(i) the Government or

(ii) the officer or

(iii) authority,

made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act, i.e., under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State L