K C SHARMA Vs. STATE OF J&K
LAWS(J&K)-2006-10-17
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 12,2006

K C SHARMA Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) THE short question involved in the present petition is Ëœwhether a person who has resigned from service, is entitled to any pension under the rulesâ„¢.
(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 benefits.
(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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