Resignation from government service results in the forfeiture of past service under Rule 26 of the CCS (Pension) Rules, 1972, rendering the individual ineligible for normal pension; nonetheless, authorities may consider a request for compassionate allowance under Rule 41 for those with exceptional service records.

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A) :

This is the second round of litigation. The instant OA has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :-

a. Allow the present Original Application;

b. Set aside the Order dated 23.02.2024 passed by the Respondent no. 3.

c. To consider the representation of the Applicant and grant him pensionary benefits with back wages.

d. Pass such order or orders which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

The factual matrix of the case as per the counsel of the applicant is that the applicant was appointed in Delhi Police in the year 1974 and served till 1991. During his service he was deputed to the Ministry of External Affairs for different periods between 1978 and 1989 and thereafter served again in his parent department, i.e., Delhi Police. Owing to serious family circumstances, particularly the continuous illness and eye injury of his wife and lack of support for taking care of his young children, the Applicant was constrained to tender his resignation on 20.09.1990 which was accepted by the competent authority and he was discharged from service on 10.09.1991. By that time, he had rendered approximately 15 years, 8 months and 11 days of service. Thereafter, the applicant submitted a representation dated 08.06.1999 seeking grant of pensionary benefits which was rejected by the respondents vide letter dated 10.09.1999. The applicant did not pursue legal remedies at that stage due to lack of awareness and financial constraints. However, after a considerable lapse of time he again submitted a representation dated 15.05.2023, which was rejected on 28.06.2023. Aggrieved, the applicant approached the Tribunal by filing O.A. No. 3091/2023, which was disposed of on 31.10.2023 with a direction to submit a detailed representation. In compliance, the applicant submitted a fresh representation dated 08.01.2024 which was rejected by the respondents vide order dated 23.02.2024 in a mechanical manner without proper consideration. Aggrieved by the said rejection and denial of pensionary benefits despite having completed more than the qualifying service, the applicant has filed the present OA.

The counsel of the applicant argued assiduously on the following grounds :-

1. It is submitted that the period of 10 years of qualifying service so far as the applicant is concerned, the same gets completed in the year 1984. the applicant has completed 10 years of qualifying service as is required under the procedure under Rule 49 of the CCS Pension Rules, for getting pension! benefits.

2. The applicant was constrained to resign from the services because of some serious and unavoidable family circumstances wherein his wife had a penetrating injury in her eyes which required regular consultation with the ophthalmologist. Further, the applicant even strived for the official accommodation as his children were young and there was no one to look after them but all went in vain. Therefore, the applicant was left with no other option but to resign from the service.

3. The resignation was duly accepted by the Appointing Authority without any objections or questions which could require consideration of Withdrawal of resignation (Rule 12 (4)) on part of the applicant. Further, the applicant was not explained about the consequences regarding the pensionary benefits/ loss in relation to his resignation letter, nor any enquiry was conducted by the respondent department.

4. The applicant cannot be discriminated and is entitled/ should be granted pension/ benefits under Article 14 of the Indian Constitution.

5. A consideration should be made on the ground of hardship suffered by the applicant.

6. The resignation was tendered by the applicant/ Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct.

7. The Qualifying Service as defined under