Resignation of an employee with long service should be treated as voluntary retirement if circumstances indicate intent to retain benefits.

1. The writ petitioner by way of the instant writ petition has sought for regularization of her services and further for release of pensionary and other terminal benefits as entitled.

2. The brief facts of the case are that the petitioner was initially appointed as an Assistant Teacher on 21.07.1989, and thereafter, by order dated 01.09.1998, passed by the Inspector of Schools, she along with 4(four) other similarly situated Assistant Teachers were regularized w.e.f. 28.10.1996. It appears that thereafter the petitioner was transferred and posted as a Ladies’ Social Education Officer (LSEO) in the Office of the Joint Director of School Education & Literacy, West Garo Hills, Tura, on 13.10.2010, and while serving the said post had applied for voluntary retirement of service from the said post, as admissible under the rules. However, the said application of the writ petitioner was not accepted, on the ground that the petitioner was yet to be regularized and that the voluntary retirement scheme would be applicable only after regularization of the adhoc appointment of the writ petitioner. The petitioner then by letter dated 01.02.2023, while her regularization was still being considered by the respondents, resigned from service, and the same was accepted on 02.02.2023.

3. Mr. S. Deb, learned counsel for the petitioner has submitted that the petitioner on entering into service as far back as in 1989, and on the issuance of the letter dated 01.09.1998, regularizing her services w.e.f. 28.10.1996, was in the firm belief that her services had been regularized, making her eligible to apply for the voluntary retirement. He further submits that on being informed that her services were yet to be regularized, and that the process was on, in view of the urgency to contest the elections, had submitted the resignation letter. It is further submitted that the petitioner having served for 33(thirty-three) years cannot be deprived of her just entitlement, i.e. pensionary and other terminal benefits. It is also contended that with the issue as to whether the resignation would amount to her relinquishment of the rights accrued in service, the learned counsel has submitted that, in the circumstances surrounding the entire case, the resignation for all practical purposes should be treated as a letter of voluntary retirement. In support of his arguments, the learned counsel has placed reliance on the following judgments, wherein the other High Courts and the Supreme Court have granted relief to persons, which he submits where similarly situated, i.e. for grant of pension after having served for long number of years.

(i) High Court of Judicature at Madras, in the case of T.K.Thanigaivel vs. The Managing Director & Ors. dated 19.04.2022 passed in W.P. No. 41096 of 2016 and W.M. P.No. 35082 of 2016

(ii) High Court of Gujarat at Ahmedabad, in the case ofSubhashchandra Chimanlal Patel vs. State of Gujarat Thro Secretary dated 19.08.2016 in Special Civil Application No.2593 of 2012

(iii) High Court of Chhattisgarh at Bilaspur, in the case of AshaRam Suryavanshi vs. Chhattisgarh Gramin Bank, through its Chairman, Bilaspur (C.G) dated 26.06.2020 passed inWPS No. 1692 of 2011

(iv) Shashikala Devi vs. Central Bank of India & Ors. reported in (2014) 16 SCC 260.

4. In reply, the learned Senior Government Advocate for the State respondents, Mrs. N.G. Shylla, has submitted that the entire premise of the arguments of the writ petitioner has no basis, inasmuch as, she was never formally regularized at any point of time, and the regularization order dated 01.09.1998, was of no value as the same was made by an incompetent authority. She further submits that by application of Rule 23(1) of the Meghalaya Civil Services (Pension) Rules 1993, the writ petitioner having resigned from the post and further not being regularized, has no vested right to claim for any pensionary benefits at this stage, as by operation of the Rules, by her resignation, the peti