K C SHARMA Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
K C SHARMA
STATE OF JANDK
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(1.) THE short question involved in the present petition is Ëœwhether a person who has resigned from service, is entitled to any pension under
(2.) SERVICE in Public Health Engineering (Mechanical) Department as Assistant Engineer on 20.12.1964. He was promoted to the post of
Executive Engineer in December 1968. On 1.4.1979, after completing
14years of service, he resigned from the service and contested the election. Petitioners case is that since he left the service, though
voluntarily with the prior approval of the competent authorities after
they accepted resignation from service, he is entitled to the pension and
other benefits like gratuity etc. According to the petitioner,
resignation from service and voluntarily retirement are one and the same
thing and that there being no difference between the two, only difference
being of nomenclature, the respondents cannot refuse payment of pension
to him. He contends that the Govt. cannot deny pensionary benefits to an
employee who has resigned from service when an employee who applies for
voluntarily retirement under the rules, is entitled to all the pensionary
(3.) RESPONDENTS have in their reply stated that the petitioner resigned from the public service vide Govt. Order No: 108 -Works of 1979
dated 1.3.1979. He was relieved on 4.3.1979 and paid Rs 145.55 on account
of dues. Respondents have further stated that as per Service Rules, the
resignation entails forfeiture of past service as such the petitioner is
not entitled to any pensionary benefits.
Heard. I have consider the matter.
Facts are almost admitted. It is admitted that the petitioner was working as Executive Engineer in Public Health Engineer (Mechanical)
Division Jammu. He resigned from the service and his resignation was duly
accepted vide Govt. Order No: 108 -Works of 1979 dated 1.3.1979. He was
paid the dues as admissible to him. Now he has prayed for the pension and
other retrial benefits in his favour. That he was having 14 1/2 years of
service at his credit at the time of resignation, is also not denied but
what is being denied is right of a person who resigns from the services
to get a pension.;
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