ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 17-02-2025 We have heard Ms. Kanak Verma, the learned C.G.C. for the appellants and Mr. Jai Prakash Verma, the learned Advocate for the respondent.

2. The respondent was appointed in BSF in the year 2012 and had tendered his resignation from the post on 30.06.2022 i.e. after having completed 9 years, 7 months and 12 days. His past services were forfeited and, therefore, he was not granted pension and gratuity.

3. However, when he approached the learned Single Judge vide C.W.J.C. No. 1379 of 2023, it was ordered on 03.05.2023 that the respondent be given the benefit of gratuity in view of Section 7 (3-A) of the Payment of Gratuity Act, 1972 and also interest on it, after calculating the same within a period of six weeks.

4. The aforenoted judgment has been put to challenge by the Union of India in the present appeal on the sole ground that if a person resigns from service, his past service is forfeited.

5. Section 26 (1) of the Central Civil Services (Pension) Rules, 2021 clearly provides that resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the appointing authority, entail