- (1.) This intra-court appeal is directed against the order/judgment dated 23.04.2018 passed by the learned Single Judge of this Court in W.P.(S) No.439 of 2014, whereby and whereunder, the decision of the respondent no.2-Registrar General, Jharkhand High Court dated 15.06.2013, has been quashed, whereby and whereunder the claim of the pensionery benefit of the writ petitioner was denied.
(2.) The brief facts of the case as per the pleading which requires to be enumerated herein reads hereunder as:- The writ petitioner was appointed as 'Court Master' vide order 23.04.2003. He has submitted an application on 04.02.2013 seeking voluntary retirement from service and for grant of pensionery benefits. The application was rejected by the High Court and decision of the Court was communicated to the writ petitioner vide Memo dated 12.03.2013. The writ petitioner, thereafter, submitted his resignation through application dated 02.05.2013 on the ground of his ailment since he was not been able to discharge his duty as 'Court Master'. The application has been accepted vide decision of the Court w.e.f. 09.05.2013 as reflected in Office Order dated 09.05.2013. The writ petitioner, thereafter, submitted a representation on 10.06.2013 for grant of pensionery benefit, which has been declined vide Memo dated 15.06.2013. Being aggrieved with the said decision the writ petitioner had approached this Court by filing writ petition being W.P.(S) No.439 of 2014, wherein, on being called upon by this Court, appearance has been made by the respondent no.2-the Registrar General, Jharkhand High Court, inter-alia stand has been taken before the writ Court that as per the provision of Rule 101 of the Jharkhand Pension Rules, 2000, the writ petitioner is not entitled to get the pensionery benefit since the resignation under the provision of Rule 101 of Jharkhand Pension Rules, 2000 entails forfeiture of past service. Learned Single Judge, discarding the aforesaid stand, has quashed the order dated 15.06.2013 and allowed the writ petition with a direction for consideration of grant of pensionery benefits under Chapter-VI of the Jharkhand Pension Rules, 2000, if the writ petitioner furnishes a certificate under Rule 128 of the Pension Rules. The aforesaid order is the subject matter of the present intra-court appeal.
(3.) Mr. Sumeet Gadodia, learned counsel appearing for the appellanthas submitted his stand by taking reliance upon the provision of Rule 101 of the Jharkhand Pension Rules, 2000 which contains a provision about forfeiture of past service. Once the past service in consequence of resignation is forfeited, there would be no question of granting pensionery benefit, even if the public servant has completed the qualifying period of service. He further submits that the learned Single Judge has relied upon the provision of Rule 116 of the Jharkhand Pension Rules, 2000, however, in the facts and circumstances of the present case, the provision of Rule 116 of the Jharkhand Pension Rules, 2000 will not be applicable. ;