K.S.JHAVERI,J. - (1.) By way of this petition, the petitioner has assailed the judgment and order of the Central Administrative Tribunal whereby Tribunal has dismissed the OA preferred by the present petitioner.
(2.) The facts of the case are that the original petitioner has joined the Central Government service, however, subsequently, when he got a chance for employment in Punjab National Bank, he has applied by way of an application to the Competent Authority to relieve him. In the year 2006, the petitioner approached for grant of pension and pensionary benefits taking into consideration his service of more than 10 years in the Postal Department as per provisions of CCC (Pension) Rules, 1972.
(3.) Counsel for the petitioner has mainly relied upon Rule 26 (1) and 26(2) of CCS (Pension) Rules, 1972 which are reproduced as under:- "26 Forfeiture o service on resignation (1) Resignation from a service or a post, unless it is allowed to be withdrawn in the public interest by the Appointing Authority, entails forfeiture of past service." (2) A resignation shall entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.";