Phulamu Devi vs State Of H.P And Others on 12 March, 2026

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    Himachal Pradesh High Court

    Phulamu Devi vs State Of H.P And Others on 12 March, 2026

                                                                                         ( 2026:HHC:7141 )
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                                           CWPOA No.5019 of 2020
                                                        Decided on: 12th March, 2026
            Phulamu Devi                                                           .......Petitioner
    
    
    
    
                                                                                           .
    
                                                         versus
    
            State of H.P and others                                                ...Respondents
    
    
    
    
    
            Coram
            Hon'ble Mr.Justice Jiya Lal Bhardwaj, Judge.
    
    
    
    
                                                               of
            Whether approved for reporting?1 Yes
            For the petitioner:     Mr.Anil Chauhan, Advocate.
            For the respondents:    rt                  Mr.Rupinder Singh, Additional
                                                        Advocate     General     with
                                                        Mr.Sikander Bhushan, Deputy
                                                        Advocate General.
    
            Jiya Lal Bhardwaj, Judge (Oral)
    

    By way of present petition, the petitioner being

    widow of deceased Ranjha Ram, who was working with the

    SPONSORED

    respondents-Department and resigned from service w.e.f.

    13.08.2003, has prayed for grant of the following substantive

    reliefs:-

    “a). That the respondent may be directed to release/grant
    the family pension to the applicant.

    b) That the direction may kindly be issued to the
    respondents that all the pensionary benefits due from
    the date the pension is payable to the husband of the
    applicant may be released to the applicant with interest
    etc. in the interest of justice and fair play.

    c) That this Hon’ble Court may kindly be pleased to issue
    writ in the nature of Mandamus, thereby directing the

    1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

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    respondents to grant the applicant/petitioner
    compassionate allowances as admissible to him as per
    the law.”

    2. Shorn of unnecessary details, the key facts of the

    .

    case are that the husband of the applicant was appointed

    with the respondents-State as Helper. As per pleadings in the

    petition, he had worked with the respondents-State w.e.f.

    of
    01.11.1983 to 30.12.1996. Thereafter, he was conferred work

    charge status w.e.f. 01.01.1997 vide office order dated

    22.05.1998
    rt

    3. The husband of the petitioner had resigned from

    service on 13.08.2003, which resignation was accepted vide

    letter dated 17.11.2003 w.e.f. 13.08.2003 (Annexure R-1).

    4. The applicant being the widow had filed the

    present petition seeking the relief that since the husband of

    the applicant had worked for 13 years as daily waged Helper

    and thereafter for seven years on work charge basis, her

    husband was entitled to pension. However, the respondents-

    State did not take any call on his requests. After his death,

    the petitioner made repeated verbal and written requests for

    grant of family pension to her, but till date nothing has been

    done by the respondents in writing and they verbally told her

    that she is not entitled to pension. The action on the part of

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    the respondents not to grant her pension is highly illegal,

    arbitrary and against the principles of natural justice and not

    .

    sustain in the eyes of law.

    5. The respondents filed reply to petition and have

    admitted that the husband of the petitioner was conferred

    with the work charge status w.e.f. 01.01.1997. However, his

    of
    resignation was accepted on 17.11.2003 with effect from the

    date of tendering resignation i.e. on 13.08.2003. It has been
    rt
    averred that the husband of the petitioner had rendered only

    6 years, 7 months and 13 days of regular service, including

    work charge service, which is less than required 10 years of

    regular service, including work charge service as per CCS

    (Pension) Rules, 1972 for becoming entitled to pension. It has

    further been averred that the husband of the petitioner had

    tendered his resignation with the Executive Engineer and,

    therefore, as per provisions of Rule 26 of the CCS (Pension)

    Rules, 1972, once an employee tenders his resignation from

    service or a post, unless it is allowed to be withdrawn in the

    public interest by the appointing authority, entails forfeiture

    of past service. Hence, the petitioner’s husband was not

    entitled for benefit of subsequent changes in law as well as

    policy.

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    6. I have heard Mr.Anil Chauhan, learned counsel

    representing the petitioner and Mr.Sikander Bhushan,

    .

    learned Deputy Advocate General for the State and carefully

    perused the record.

    7. Before adverting to the facts of the case, it would

    be relevant to quote Rule 26 of the CCS (Pension) Rules,

    of
    1972, under which the case of the petitioner is to be

    adjudicated. Rule 26 reads as under:-

    rt
    “26. Forfeiture of service on resignation

    (1) Resignation from a service or a post, unless it

    is allowed to be withdrawn in the public interest
    by the Appointing Authority, entails a forefeiture of
    past service..”

    8. Learned counsel for the petitioner vehemently

    argued that since the husband of the petitioner had rendered

    services with the respondents and further as per law laid

    down by the Hon’ble Supreme Court in Sunder Singh’s case,

    he was entitled to pension, once he had rendered 6 years, 7

    months and 13 days services with the respondents. Learned

    counsel for the petitioner has submitted that in the case of an

    employee whose services were dismissed, the Hon’ble

    Supreme Court had granted the compassionate allowance

    and, therefore,the petitioner being the legal heir, be also

    granted the same benefits. He placed heavy reliance upon the

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    judgments of the Hon’ble Supreme Court in Sheel Kumar

    Jain vs. New India Assurance Company Limited and

    .

    others, (2011) 12 SCC 197, Asger Ibrahim Amin vs. Life

    Insurance Corporation of India, (2016) 13 SCC 797 as

    well as judgment passed by the Delhi High Court in Mukul

    Sanwal vs. Union of India (2019) 4 SCT 167.

    of

    9. In the judgment of Sheel Kumar Jain‘s case

    (supra), referred by Mr.Anil Chauhan, the Hon’ble Supreme
    rt
    Court had held that the 1995 Pension Scheme was framed

    and notified in the year 1995, yet the same was made

    applicable to the employees also who had left the service

    before 1995 and when employee had served the letter on

    16.09.1991 for resignation, the scheme was not in existence.

    Thus, the said judgment is not applicable to the facts of the

    present case.

    10. Another judgment referred by learned counsel for

    the petitioner in Asger Ibrahim Amin‘s case (supra), no doubt

    the Hon’ble Supreme Court had held that the appellant in

    that case ought not to have been deprived of pension benefits

    merely because of his resignation. However, both the above

    judgments rendered by Hon’ble two-Judge Benches were

    considered later on by Hon’ble three-Judge Bench in Senior

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    Divisional Manager, Life Insurance Corporation of India

    and others vs. Shree Lal Meena, (2019) 4 SCC 479 wherein

    .

    it was held that once an employee tenders resignation, he

    forfeits his services and is not entitled for the pensionary

    benefits. The relevant paras 19 to 27 and 31 to 37 of the

    judgment are reproduced hereinbelow:-

    of
    “19. What is most material is that the employee in this
    case had resigned. When the Pension Rules are
    applicable, and an employee resigns, the consequences
    are forfeiture of service, under Rule 23 of the Pension
    Rules. In our view, attempting to apply the Pension
    rt
    Rules to the respondent would be a self-defeating
    argument. As, suppose, the Pension Rules were

    applicable and the employee like the respondent was in
    service and sought to resign, the entire past service
    would be forfeited, and consequently, he would not
    qualify for pensionary benefits. To hold otherwise would
    imply that an employee resigning during the currency of

    the Rules would be deprived of pensionary benefits,
    while an employee who resigns when these Rules were
    not even in existence, would be given the benefit of
    these Rules.

    20. Now turning to the discussion of the judicial

    pronouncements in this behalf, we are of the view that
    any judgment has to be read for the law it lays down,
    by reference given to a factual matrix. Lines or

    sentences here and there should not be read in absolute
    terms, de hors the factual matrix in the context of which
    those observations were made.

    21. The judgment in JK Cotton Spinning & Weaving
    Mills Co. Ltd., Kanpur has, thus, to be considered in
    that context. What was the issue in that case? The first
    paragraph of the judgment itself clarifies that aspect.

    Whether determination of an employer-employee
    relationship amounted to retrenchment, within the
    meaning of the provisions of the Act applicable is what
    was being looked into. We have already noticed, while
    referring to the facts of that case hereinbefore, that the
    employee in question tried to act clever by half. He

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    firstly resigned. The resignation was accepted and the
    consequent monetary benefit flowed to him. Thereafter,
    he sought to bring his resignation within the meaning of
    ‘retrenchment’ under Section 2(s) read with Section 6N
    of the Uttar Pradesh Industrial Disputes Act, 1947. The

    .

    definition of ‘retrenchment’ itself clearly excluded

    voluntary retirement of the workman. The employee,
    having voluntarily resigned, the termination of
    relationship of employer and employee could not come

    within the meaning of ‘retrenchment’. This Court
    analysed the difference between the meaning of
    resignation and retrenchment. The resignation was
    voluntary. It is in this context that it was observed that

    of
    a voluntary tendering of resignation would be similar to
    voluntary retirement and not retrenchment. Nothing
    more and nothing less. Thus, in our view, the High
    Court, both the learned Single Judge and the Division
    Bench, appeared to have read much more into this
    rt
    judgment than the legal proposition which it sought to
    propound.

    22. The principles in the context of the controversy
    before us are well enunciated in the judgment of this
    Court in Reserve Bank of India &Anr. v. Cecil Dennis
    Solomon & Anr.8 On
    a similar factual matrix, the

    employees had resigned some time in 1988. The RBI
    Pension Regulations came in operation in 1990. The
    employees who had resigned earlier sought
    applicability of these Pension Regulations to

    themselves. The provisions, once again, had a similar
    clause of forfeiture of service, on resignation or

    dismissal or termination. The relevant observations are
    as under:-

    “10. In service jurisprudence, the expressions
    “superannuation”,”voluntary retirement”,
    “compulsory retirement” and “resignation” convey
    different connotations. Voluntary retirement and
    resignation involve voluntary acts on the part of
    the employee to leave service. Though both involve
    voluntary acts, they operate differently. One of the
    basic distinctions is that in case of resignation it
    can be tendered at any time, but in the case of
    voluntary retirement, it can only be sought for
    after rendering prescribed period of qualifying
    service. Other fundamental distinction is that in
    case of the former, normally retiral benefits are
    denied but in case of the latter, the same is not

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    denied. In case of the former, permission or notice
    is not mandated, while in case of the latter,
    permission of the employer concerned is a
    requisite condition. Though resignation is a
    bilateral concept, and becomes effective on

    .

    acceptance by the competent authority, yet the

    general rule can be displaced by express
    provisions to the contrary. In Punjab National
    Bank v. P.K. Mittal
    [AIR 1989 SC 1083] on

    interpretation of Regulation 20(2) of the Punjab
    National Bank Regulations, it was held that
    resignation would automatically take effect from
    the date specified in the notice as there was no

    of
    provision for any acceptance or rejection of the
    resignation by the employer. In Union of India v.
    Gopal Chandra Misra
    [(1978) 2 SCC 301] it was
    held in the case of a judge of the High Court
    having regard to Article 217 of the Constitution
    rt
    that he has a unilateral right or privilege to resign
    his office and his resignation becomes effective

    from the date which he, of his own volition,
    chooses. But where there is a provision
    empowering the employer not to accept the
    resignation, on certain circumstances e.g.
    pendency of disciplinary proceedings, the

    employer can exercise the power.

    11. On the contrary, as noted by this Court in
    Dinesh Chandra Sangma v. State of Assam

    [(1977) 4 SCC 441] while the Government reserves
    its right to compulsorily retire a government

    servant, even against his wish, there is a
    corresponding right of the government servant to
    voluntarily retire from service. Voluntary

    retirement is a condition of service created by
    statutory provision whereas resignation is an
    implied term of any employer-employee
    relationship.”

    23. In our view, the aforesaid principles squarely apply
    in the facts of the present case and the relevant legal
    principles is that voluntary retirement is a concept read
    into a condition of service, which has to be created by a
    statutory provision, while resignation is the unilateral
    determination of an employer-employee relationship,
    whereby an employee cannot be a bonded labour.

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    24. In UCO Bank &Ors. v. Sanwar Mal, once again, in
    the case of a similar pension scheme, the observations
    were made as under:

    “6. To sum up, the Pension Scheme embodied in

    .

    the regulation is a selfsupporting scheme. It is a

    code by itself. The Bank is a contributor to the
    pension fund. The Bank ensures availability of
    funds with the trustees to make due payments to

    the beneficiaries under the Regulations. The
    beneficiaries are employees covered by Regulation

    3. It is in this light that one has to construe
    Regulation 22 quoted above. Regulation 22 deals

    of
    with forfeiture of service. Regulation 22(1) states
    that resignation, dismissal, removal or termination
    of an employee from the service of the Bank shall
    entail forfeiture of his entire past service and
    consequently shall not qualify for pensionary
    rt
    benefits. In other words, the Pension Scheme
    disqualifies such dismissed employees and

    employees who have resigned from membership of
    the fund. The reason is not far to seek. In a self-
    financing scheme, a separate fund is earmarked
    as the Scheme is not based on budgetary support.
    It is essentially based on adequate contributions

    from the members of the fund. It is for this reason
    that under Regulation 11, every bank is required
    to cause an investigation to be made by an
    actuary into the financial condition of the fund

    from time to time and depending on the deficits,
    the Bank is required to make annual contributions

    to the fund. Regulation 12 deals with investment
    of the fund whereas Regulation 13 deals with
    payment out of the fund. In the case of retirement,

    voluntary or on superannuation, there is a nexus
    between retirement and retiral benefits under the
    Provident Fund Rules. Retirement is allowed only
    on completion of qualifying service which is not
    there in the case of resignation. When such a
    retiree opts for self financing Pension Scheme, he
    brings in accumulated contribution earned by him
    after completing qualifying number of years of
    service under the Provident Fund Rules whereas a
    person who resigns may not have adequate credit
    balance to his provident fund account (i.e. bank’s
    contribution) and, therefore, Regulation 3 does not
    cover employees who have resigned. Similarly, in
    the case of a dismissed employee, there may be

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    forfeiture of his retiral benefits and consequently
    the framers of the Scheme have kept out the
    retirees (sic resigned) as well as dismissed
    employees vide Regulation. Further, the pension
    payable to the beneficiaries under the Scheme

    .

    would depend on income accruing on investments

    and unless there is adequate corpus, the Scheme
    may not be workable and, therefore, Regulation
    22
    prescribes a disqualification to dismissed

    employees and employees who have resigned.
    Lastly, as stated above, the Scheme contemplated
    pension as the second retiral benefit in lieu of
    employers’ contribution to contributory provident

    of
    fund. Therefore, the said Scheme was not a
    continuation of the earlier scheme of provident
    fund. As a new scheme, it was entitled to keep out
    dismissed employees and employees who have
    resigned.

    rt

    7. In the light of our above analysis of the scheme,

    we now proceed to deal with the arguments
    advanced by both the sides. It was inter alia
    urged on behalf of the appellant bank that under
    Regulation 22, category of employees who have
    resigned from the service and who have been

    dismissed or removed from the service are not
    entitled to pension, that the pension scheme
    constituted a separate fund to be regulated on self
    financing principles, that prior to the introduction

    of the pension scheme, there was in existence a
    provident fund scheme and the present scheme

    conferred a second retiral benefit to certain
    classes of employees who were entitled to become
    the members/beneficiaries of the fund, that the

    membership of the fund was not dependent on the
    qualifying service under the pension scheme, that
    looking to the financial implications, the scheme
    framed mainly covered retirees because retirement
    presupposed larger number of years of service,
    that in the case of resignation, an employee can
    resign on the next day of his appointment whereas
    in the case of retirement, the employee is required
    to put in a certain number of years of service and
    consequently, the scheme was a separate code by
    itself, that the High Court has committed manifest
    error in decreeing the suit of the respondent
    inasmuch as it has not considered the relevant
    factors contemplated by the said scheme and that

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    the pension scheme was introduced in terms of the
    settlement dated 29.10.1993 between the IBA and
    All-India Bank Employees’ Association, which
    settlement also categorically rules out employees
    who have resigned or who have been

    .

    dismissed/removed from the service.”

    xxx xxx xxx xxxx xxx

    “9. We find merit in these appeals. The words

    “resignation” and “retirement” carry different
    meanings in common parlance. An employee can
    resign at any point of time, even on the second
    day of his appointment but in the case of

    of
    retirement he retires only after attaining the age of
    superannuation or in the case of voluntary
    retirement on completion of qualifying service. The
    effect of resignation and retirement to the extent
    that there is severance of employment (sic is the
    rt
    same) but in service jurisprudence both the
    expressions are understood differently. Under the

    Regulations, the expressions “resignation” and
    “retirement” have been employed for different
    purpose and carry different meanings. The
    Pension Scheme herein is based on actuarial
    calculation; it is a self-financing scheme, which

    does not depend upon budgetary support and
    consequently it constitutes a complete code by
    itself. The Scheme essentially covers retirees as
    the credit balance to their provident fund account

    is larger as compared to employees who resigned
    from service. Moreover, resignation brings about

    complete cessation of master-and-servant
    relationship whereas voluntary retirement
    maintains the relationship for the purposes of

    grant of retiral benefits, in view of the past service.

    Similarly, acceptance of resignation is dependent
    upon discretion of the employer whereas
    retirement is completion of service in terms of
    regulations/rules framed by the Bank.
    Resignation can be tendered irrespective of the
    length of service whereas in the case of voluntary
    retirement, the employee has to complete
    qualifying service for retiral benefits. Further,
    there are different yardsticks and criteria for
    submitting resignation vis-à-vis voluntary
    retirement and acceptance thereof. Since the
    Pension Regulations disqualify an employee, who
    has resigned, from claiming pension, the

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    respondent cannot claim membership of the fund.
    In our view, Regulation 22 provides for
    disqualification of employees who have resigned
    from service and for those who have been
    dismissed or removed from service. Hence, we do

    .

    not find any merit in the arguments advanced on

    behalf of the respondent that Regulation 22 makes
    an arbitrary and unreasonable classification
    repugnant to Article 14 of the Constitution by

    keeping out such class of employees. The view we
    have taken is supported by the judgment of this
    Court in the case of Reserve Bank of India v. Cecil
    Dennis Solomon &Anr.
    (supra). Before concluding

    of
    we may state that Regulation 22 is not in the
    nature of penalty as alleged. It only disentitles an
    employee who has resigned from service from
    becoming a member of the fund. Such employees
    have received their retiral benefits earlier. The
    rt
    Pension Scheme, as stated above, only provides
    for a second retiral benefit. Hence, there is no

    question of penalty being imposed on such
    employees as alleged. The Pension Scheme only
    provides for an avenue for investment to retirees.
    They are provided avenue to put in their savings
    and as a term or condition which is more in the

    nature of an eligibility criterion, the Scheme
    disentitles such category of employees as are out
    of it.”

    25. We may only note that in the above discussed
    judgment, an argument assailing the Regulation for

    forfeiture of service, based on Article 14 of the
    Constitution of India was repelled. The provisions under
    the new Regulations were held not to be in the nature of

    penalty, but a disentitlement, as a consequence of
    having resigned from service and, thus, being
    disentitled from having become a member of the fund.
    There are other judgments also in the same line, but not
    laying down any additional principles and, thus, it
    would suffice to just mention them, i.e. M.R. Prabhakar
    &Ors. v. Canara Bank & Ors.
    and J.M. Singh v. Life
    Insurance Corporation of India &Ors
    .

    26. There are some observations on the principles of
    public sectors being model employers and provisions of
    pension being beneficial legislations. We may, however,
    note that as per what we have opined aforesaid, the
    issue cannot be dealt with on a charity principle. When

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    the Legislature, in its wisdom, brings forth certain
    beneficial provisions in the form of Pension Regulations
    from a particular date and on particular terms and
    conditions, aspects which are excluded cannot be
    included in it by implication. The provisions will have to

    .

    be read as they read unless there is some confusion or

    they are capable of another interpretation. We may also
    note that while framing such schemes, there is an
    important aspect of them being of a contributory nature

    and their financial implications. Such financial
    implications are both, for the contributors and for the
    State. Thus, it would be inadvisable to expand such
    beneficial schemes beyond their contours to extend

    of
    them to employees for whom they were not meant for by
    the Legislature.

    27. We are, thus, of the view that the impugned orders
    in this case cannot be sustained and are liable to be set
    rt
    aside, and the writ petition filed by the respondent
    consequently stands dismissed.

    28 to 30. xxxx xxxx xxx

    31. The last relevant aspect is that the 1995 Scheme
    provided in clause 22 as under:

    “22. Forfeiture of service – Resignation or
    dismissal or removal or termination or
    compulsory retirement of an employee from the

    service of the Corporation or a Company shall
    entail forfeiture of his entire past service and

    consequently shall not qualify for pensionary
    benefits.”

    32. Thus, once again, there is this clause of forfeiture of

    service in case of resignation.

    33. In order to elucidate the legal principle further, we
    may note that Sheel Kumar Jain took note of the
    judgment of the three Judges’ Bench in Sudhir Chandra
    Sarkar v. Tata Iron and Steel Co. Ltd. & Ors. An

    uncovenanted employee of respondent-Company, paid
    on a monthly basis, sought to recover a sum as gratuity,
    for continued service rendered over 29 years, under the
    Retiring Gratuity Rules, 1937, after having resigned
    from service. The employee was paid the provident fund
    dues. The High Court of Patna opined against the
    employee. When the matter reached this Court, one of

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    the contentions raised by the respondent Company was
    that the employee had resigned and not retired from
    service. It was noticed that Rule 1(g) defines ‘retirement’
    as “the termination of service by reason of any cause
    other than removal by discharge due to misconduct.”

    .

    The employee had not been removed by discharge due

    to misconduct. The termination of service, being on
    account of resignation, it was held to qualify within the
    definition of ‘retirement’ under the Rules. The rest of the

    judgment, dealing with the principles as to how gratuity
    should be treated, is not relevant.

    34. We, thus, notice that all that was opined by the

    of
    three Judges’ Bench in the aforesaid case was based
    on the definition of ‘retirement’ as per the Retiring
    Gratuity Rules, 1937, which was expansive and all
    inclusive, excluding only the removal by discharge due
    to misconduct. Thus, nothing more could have been read
    rt
    into this judgment.

    35. We may also add that there are some observations
    in the aforesaid case that pension and gratuity are both
    retiral benefits and an employee, with long years of
    service should be assured social security to some
    extent, in the form of either pension or gratuity or

    provident fund, whichever retiral benefit is operative in
    the industrial establishment. In the given facts of the
    appeal before us, the benefit of provident fund has been
    given as that was the scheme applicable at the relevant

    stage of time. The principle laid down is not that all of
    them should be simultaneously be granted, but that, at

    least one of them should be granted, though there is no
    prohibition against more than one being granted.

    36. In view of what we have discussed aforesaid, all
    three aspects stated by us are relevant and disentitle
    the appellant to any relief. We have already explained
    the difference between resignation and voluntary
    retirement. Mere categorisation by the appellant himself
    of his resignation as “premature retirement” is of no
    avail. The same principle discussed aforesaid, of
    forfeiture of service, would be applicable here and the
    appellant did not have the requisite age when he
    resigned even were the 1976 Scheme to be made
    applicable.

    37. We may also find that the appellant remained silent
    for years together and that this Court, taking a

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    particular view subsequently, in Sheel Kumar Jain,
    would not entitle stale claims to be raised on this
    behalf, like that of the appellant. In fact the appellant
    slept over the matter for almost a little over two years
    even after the pronouncement of the judgment.”

    .

    11. Learned counsel for the petitioner vehemently

    argued that similar preposition had come before the High

    Court of Delhi, wherein the Court has considered the similar

    provisions and held that a person who is dismissed or

    of
    removed from service and found guilty of mis-conduct, cannot

    be said to be on better footing than the person who tenders
    rt
    his resignation, even if the Government would disclose

    reasons denying the pension, his case for grant of

    compassionate allowance, which cannot exceed two-third of

    retiral benefits, would have been considered.

    12. Once the Hon’ble Supreme Court had occasion to

    deal with similar preposition of law, this Court is not

    persuaded to agree with the view taken by the Delhi High

    Court. Further, the Hon’ble Supreme Court in the case BSES

    Yamuna Power Ltd. vs. Ghanshyam Chand Sharma and

    another, (2020) 3 SCC 346, had again the occasion to deal

    with the issue of grant of pension after acceptances of

    resignation and held that there is material distinction

    between the concept of resignation and voluntary retirement

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    16

    and further the view taken by the Court in Asger Ibrahim

    Amin‘s case (supra) was disapproved and the Court held that

    .

    the provisions providing for voluntary retirement would not

    apply retrospectively by implication, where an employee has

    resigned from service, there arises no question of whether he

    has in fact ‘voluntarily retired’ or ‘resigned’. After considering

    of
    the provisions of Rule 26 of the Central Civil Service Pension

    Rules, 1972, returned the findings that if the Court was to re-

    rt
    classify his resignation as a case of voluntary retirement, this

    would obfuscate the distinction between the concepts of

    resignation and voluntary retirement inasmuch as the very

    import of Rule 26 would be negated and such an approach

    cannot be adopted. The relevant paras 10 to 17 of the

    judgment are reproduced hereunder:-

    “10. In Shree Lal Meena II, upholding the interpretation in

    Shree Lal Meena I, Justice Sanjay Kishan Kaul speaking
    for the three judge Bench, noted that the retrospective
    application of the provision on voluntary retirement in the

    LIC Pension Rules would lead to an absurd result:

    “19. What is most material is that the employee in
    this case had resigned. When the Pension Rules are
    applicable, and an employee resigns, the
    consequences are forfeiture of service, under Rule 23
    of the Pension Rules. In our view, attempting to
    apply the Pension Rules to the respondent would be
    a self-defeating argument. As, suppose, the Pension
    Rules, were applicable and the employee like the
    respondent was in service and sought to resign,
    the entire past service would be forfeited, and
    consequently, he would not qualify for
    pensionary benefits. To hold otherwise would

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    imply than an employee resigning during the
    currency of the Rules would be deprived of
    pensionary benefits, while an employee who resigns
    when the Rules were not even in existence, would be
    given the benefit of these Rules.”

    .

    (Emphasis supplied)

    11. The Court noted that, if the approach followed in Asger
    Ibrahim Amin was adopted in interpreting the LIC Pension
    Rules, an employee who resigned after the enactment of

    the rules would not be entitled to pensionary benefits but
    an employee who had resigned when the rules were not in
    force, but had completed the prescribed period of service
    for voluntary retirement, would be entitled to

    of
    pensionary benefits. Such an outcome could not be
    countenanced and would render nugatory the provision
    which stipulated that upon resignation, past service stood
    forfeited.

    rt

    12. The Court in Shree Lal Meena II elucidated the
    distinction between resignation and voluntary retirement in
    the following terms:

    “22. . [quoting RBI v Cecil Dennis Solomon (2004) 9
    SCC 461].

    “10. In service jurisprudence, the expressions

    “superannuation”,voluntary retirement”,”compulsory ret
    irement” and “resignation” convey different
    connotations.Voluntary retirement and resignation
    involve voluntary acts on the part of the employee to

    leave service. Though both involve voluntary acts,
    they operate differently. One of the basic distinctions is

    that in case of resignation it can be tendered at
    any time, but in the case of voluntary retirement, it can
    only be sought for after rendering the prescribed period
    of qualifying service. Another fundamental distinction

    is that in case of the former, normally retiral benefits
    are denied but in case of the latter, the same is not
    denied. In case of the former, permission or notice is
    not mandated, while in the case of the latter,
    permission of the employer concerned is a requisite
    condition. Though resignation is a bilateral concept,
    and becomes effective on acceptance by the competent
    authority, yet the general rule can be displaced
    by express provisions to the contrary.”

    The above observations highlighted the material distinction
    between the concept of resignation and
    voluntary retirement. The Court also observed that while
    pension schemes do form beneficial legislation in a

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    delegated form, a beneficial construction cannot run
    contrary to the express terms of the provisions:

    “26. There are some observations on the principles of
    public sectors being model employers and provisions

    .

    of pension being beneficial legislations (S.D. vs. CBI)

    (see Asger Ibrahim Amin v LIC). We may, however,
    note that as per what we have opined aforesaid, the
    issue cannot be dealt with on a charity principle.
    When the legislature, in its wisdom, brings forth

    certain beneficial provisions in the form of Pension
    Regulations from a particular date and on particular
    terms and conditions, aspects which are excluded
    cannot be included in it by implication.”

    of

    13. The view in Asger Ibrahim Amin was disapproved and
    the court held that the provisions providing for
    voluntary retirement
    rt would not apply
    retrospectively by implication. In this view, where an
    employee has resigned from service, there arises no
    question of whether he has in fact “voluntarily retired” or

    “resigned”. The decision to resign is materially distinct from
    a decision to seek voluntary retirement. The decision to
    resign results in the legal consequences that flow from a
    resignation under the applicable provisions. These
    consequences are distinct from the consequences flowing

    from voluntary retirement and the two may not be
    substituted for each other based on the length of an
    employee’s tenure.

    14. In the present case, the first respondent resigned on 7
    July 1990 with effect from 10 July 1990. By resigning, the

    first respondent submitted himself to the legal
    consequences that flow from a resignation under the
    provisions applicable to his service. Rule 26 of the Central
    Civil Service Pension Rules 1972 [CCS Pension Rules]

    states that:

    “26. Forfeiture of service on resignation
    (1) Resignation from a service or a post, unless it is
    allowed to be withdrawn in the public interest by the
    Appointing Authority, entails a forfeiture of past
    service…”

    Rule 26 states that upon resignation, an employee forfeits
    past service. We have noted above that the approach
    adopted by the court in Asger Ibrahim Amin has been held
    to be erroneous since it removes the important distinction
    between resignation and voluntary retirement. Irrespective

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    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.

    15. We now turn to the question of whether the first
    respondent had completed twenty years in service. During
    the present proceedings, our attention was drawn to the

    of
    fact that the first respondent had applied for
    voluntary retirement on 14 February 1990. By a letter
    dated 25 May 1990 the appellant denied the first
    respondent’s application for voluntary retirement on the
    ground that the first respondent had not completed
    rt
    twenty years of service. It was thus urged that the
    appellant’s decision to deny the first respondent

    voluntary retirement was illegal as the first respondent had
    completed twenty years of service.

    16. This argument cannot be accepted. Even if he was
    denied voluntary retirement on 25 May 1990, the first

    respondent did not challenge this decision but resigned, on
    7 July 1990. The denial of voluntary retirement does not
    mitigate the legal consequences that flow from resignation.
    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.

    17. On the issue of whether the first respondent has served
    twenty years, we are of the opinion 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.”

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    13. In the present case, the resignation tendered by

    the husband of the petitioner was accepted by the respondent

    .

    authorities on 17.11.2003 w.e.f. 13.08.2003. The petitioner

    being the widow of deceased had filed the petition in the year

    2018. There is no murmur in the entire petition that why the

    petitioner did not come to the Court earlier. No document has

    of
    been placed on record that during the lifetime of the husband

    of the petitioner, he had ever approached the competent
    rt
    Court of law. The petition was filed by the petitioner under

    Section 19 of the Administrative Tribunals Act, 1985 before

    the Tribunal and as per provisions contained under the

    Administrative Tribunals Act, 1985, the specific period is

    provided to institute the application for redressal of

    grievances. If the representation made is not decided within a

    period of six months, an employee can file original application

    within one year from the date of said period of six months.

    The Hon’ble Supreme Court has also considered this aspect

    in the judgment in Shree Lal Meena‘s case (supra) and has

    given specific findings that stray claims cannot be raked up.

    14. Therefore, in view of the aforesaid position of law,

    once the petitioner had resigned from service and his

    resignation was accepted, the petitioner is not entitled for any

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    21

    relief as claimed in the writ petition, firstly, on the point of

    law and secondly, the claim being stale claim.

    .

    15. Consequently, the writ petition being devoid of

    merit as well as on account of delay and laches is dismissed.

    However, with no orders as to cost.

    16. Pending applications, if any, also stand disposed

    of
    of.

    
                                                    ( Jiya Lal Bhardwaj )
        March 12, 2026        rt                           Judge
              (naveen)
    
    
    
    
    
    
    
    
    
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