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2019 (12) TMI 387 - SC - Indian LawsPensionary Benefits - respondent had completed twenty years of service and had 'voluntarily retired' and not 'resigned' from service - whether the respondent's 'resignation' amounted to a forfeiture of his past service disentitling him from pension or was in fact 'voluntary retirement'? - HELD THAT:- Rule 26 states that upon resignation, an employee forfeits past service - Irrespective of whether the first respondent had completed the requisite years of service to apply for voluntary retirement, his was a decision to resign and not a decision to seek voluntary retirement. If this court were to re-classify his resignation as a case of voluntary retirement, this would obfuscate the distinction between the concepts of resignation and voluntary retirement and render the operation of Rule 26 nugatory. Such an approach cannot be adopted. Accordingly, the finding of the Single Judge that the first respondent 'voluntarily retired' is set aside. Whether the first respondent had completed twenty years in service? - HELD THAT:- No evidence has been placed on the record to show that the first respondent took issue with the denial of voluntary retirement between 25 May 1990 and 7 July 1990. To the contrary, in the legal notice dated 1 December 1992 sent by the first respondent to the appellant, the first respondent admitted to having resigned. The first respondent's writ petition was instituted thirteen years after the denial of voluntary retirement and eventual resignation. In the light of these circumstances, the denial of voluntary retirement cannot be invoked before this Court to claim pensionary benefits when the first respondent has admittedly resigned. Whether the first respondent has served twenty years? - HELD THAT:- The question is of no legal consequence to the present dispute. Even if the first respondent had served twenty years, under Rule 26 of the CCS Pension Rules his past service stands forfeited upon resignation. The first respondent is therefore not entitled to pensionary benefits. Appeal allowed.
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