rule-makers. The intention of the rule-makers, with reference to Rule 23
of the Rules, is unambiguous that "Resignation from a service ... grant of pension under the Pension Rules. Rule 23 of the Rules
unambiguously enumerates that resignation amounts to forfeiture of services.
There is no possibility
therefore, as per provisions of Rule 26 of the CCS (Pension)
Rules, 1972, once an employee tenders his resignation from
service or a post, unless ... service. Rule 26 of the Central
Civil Service Pension Rules 1972 [CCS Pension Rules]
states that:
"26. Forfeiture of service on resignation
(1) Resignation
similar to Rule 101(a) of
Bihar Pension Rules, 1950. However, under Sub-
rule (b) of Rule 101 of the Bihar Pension Rules
certain distinction ... provision
contained in Rule 135 of the Rules; that it is
difficult to reconcile Rule 135 of the Rules with
Rule
similar to Rule 101(a) of
Bihar Pension Rules, 1950. However, under Sub-
rule (b) of Rule 101 of the Bihar Pension Rules
certain distinction ... provision
contained in Rule 135 of the Rules; that it is
difficult to reconcile Rule 135 of the Rules with
Rule
Rules
of the Pension Rules and Leave Rules which have been challenged. Rule
46(1) of Pension Rules 1982 which reads as under:-
"Rule ... Services Rules, in
the sence here explained:-
Rule (2 ) to (36) .....
Rule (37) Pension includes a gratuity.
Rule (38) to (54) .....
(b) Rule 46 - Forfeiture
Rules
of the Pension Rules and Leave Rules which have been challenged. Rule
46(1) of Pension Rules 1982 which reads as under:-
"Rule ... Services Rules, in
the sence here explained:-
Rule (2 ) to (36) .....
Rule (37) Pension includes a gratuity.
Rule (38) to (54) .....
(b) Rule 46 - Forfeiture
Rules
of the Pension Rules and Leave Rules which have been challenged. Rule
46(1) of Pension Rules 1982 which reads as under:-
"Rule ... Services Rules, in
the sence here explained:-
Rule (2 ) to (36) .....
Rule (37) Pension includes a gratuity.
Rule (38) to (54) .....
(b) Rule 46 - Forfeiture
relating to
deemed resignation under Rule 7(2) of the AIS (Leave) Rules,
1955 to initiate proceedings of deemed resignation accordingly. As
per these guidelines ... order dated 29.03.2016 invoked sub-
rule (2) of Rule 7 of the All India Service (Leave) Rules 1955
and issued a communication treating the applicant
Security Force (BSF). He resigned and
his resignation was accepted on 01.02.1982. His resignation was accepted
with pension under Rule 19 of the BSF Rule ... Constable with the defendants and submitted his resignation, which was
accepted on 01.02.1982. He resigned under the rule 19 of the BSF Rules.
The copy
taken note of is Rule 23 of the
Pension Rules, which reads as under:
“23. Forfeiture of service - Resignation or dismissal or removal or
termination ... been used,
more specifically in Rule 23 of the Pension Rules. When different
expressions are used in the same Rules, in different contexts then
