P Sunil vs M/O Defence on 15 January, 2018
10. It appears to us that the applicant is placing excessive reliance on the
past service of nearly 16 years he has rendered prior to his resignation on
the premise that it amounts to be a quali(ying s e ? s i o n . True, 16
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years of service qualifies for pension, but such service will be forfeited
when he submits resignation, in terms of rule 26 of CCS (Pension) Rules,
1972- which has statutory status under the proviso to Article 309 ofthe
Constitution of India, the applicant cannot claim for a new right which has
not been provided for in the said rules. Applicant's counsel relied on the
decision of the High Court of Punjab & Harayana in Saroj Bakshi's case
(supra) and submitted that in the newspaper report yet another apex court
judgment was referred wherein it was ordered to grant pension to a resigned
employee considering his past service .. The decision of the Punjab &
Harayana High Court relied on by the applicant is pertaining to an employee
governed by the Punjab Civil Service Rules which has a provision for
proportionate pension for the resigned employees. However, in the case of a
Central Government employee like the applicant, there is no provision in the
CCS (Pension) Rules, 1972 for granting pension reckoning the past service
rendered by him prior to his resignation.