Case Note & Summary
The dispute involved the entitlement of the petitioner to pension after resigning from government service and joining a bank. The petitioner was appointed as a clerk in 1958 and later promoted to Stenographer, resigning in 1977 to join the Kurukshetra Central Bank as a Senior Accountant. After retiring from the bank in 1997, he sought pension from the Haryana government, claiming 18 years of qualifying service. His application was denied based on the Punjab Civil Services Rules, which require a minimum of 30 years of service for pension eligibility. The petitioner challenged this decision in the Punjab and Haryana High Court, which upheld the denial, leading to the current Special Leave Petition. The petitioner argued for a liberal interpretation of the rules, asserting that his resignation should not disqualify him from pension benefits. The court analyzed the relevant rules, particularly Rule 4.19, which stipulates that resignation from public service results in forfeiture of past service unless the subsequent appointment is also in public service. The court concluded that the petitioner did not fulfill the necessary conditions for pension eligibility, as his service in the bank did not count towards government service. The court dismissed the petition, affirming the High Court's decision without costs.
Headnote
A) Pension Law - Eligibility for Pension - Interpretation of Pension Rules - Punjab Civil Services Rules, 1952, Rule 4.19, Rule 6.16(2) - The court held that resignation from public service entails forfeiture of past service and disqualification for pension unless the subsequent appointment is also in public service. The petitioner did not meet the qualifying service requirement of 30 years for pension eligibility, thus the High Court's dismissal of the writ petition was upheld (Paras 15-19).
Issue of Consideration
Whether the petitioner is entitled to pension after resignation from government service and subsequent employment in a bank.
Final Decision
The Supreme Court dismissed the Special Leave Petition, affirming the High Court's decision that the petitioner was not entitled to pension due to not meeting the qualifying service requirement of 30 years.
Law Points
- Pension entitlement
- resignation rules
- qualifying service
- interpretation of pension rules
- public service continuity
