submitted that the applicant resigned on 20.10.1993 &
withdrew his resignation on 05.01.1994 and again resigned on
11.09.1996. As per Rule 14 (ix) and Rule ... pleadings.
6. Rule 14 (IX) and Rule 41 (1) of the Railway Services (Pension) Rules
1993 read as under:-
"14 (ix) resignation from service
submitted that as per rule 26(1) CCS (Pension) Rules and Rule 39(6)(ii), CCS (Leave) Rules, resignation from service or a post, unless ... resigning from KVS. In such a situation given the above stated Rules his resignation would have to be treated as technical resignation and the period
Rule 26 (2) Pension Rule. It will be appropriate to reproduce the Rule 26 (2) CCS (Pension) Rule wherein it is provided that A resignation ... covered under Rule 26 (2) CCS (Pension) Rule rather it is covered under Rule 26 (1) CCS (Pension) Rule and it will be appropriate
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for the sake of clarity, Rule 158 and Rule 159 of the aforesaid Postal
Manual Rule Volume - III has been quoted herein below ... public interest to accept
the resignation. Normally resignations from such officers should not be
accepted. Exceptions to this rule would be where there
over Rule 26 (2) and Rule 49 of CCS (Pension) Rules, 1972.
8. Counsel for the parties argued on the applicability of Rule ... therefore, said
provision of Rule 49 (2) of CCS (Pension) Rules is not applicable in the
case of applicant. Resignation cannot be termed as retirement
served twenty years, under Rule 26 of the CCS
Pension Rules his past service stands forfeited upon resignation. The Bombay
High Court in the case ... premature voluntary retirement which
are governed by some other rules. And, resignation means forfeiture of past
services.
b) The qualifying service for pension
basis of qualifying service.
2. In terms of Rule 26 CCS Pension Rule resignation from service and entails forfeiture of past service. Said rule ... read as under:-
26. Forfeiture of service on resignation
(1) Resignation from a service or a post, unless it is allowed to be withdrawn
terms of Rule 41 of Railway Service (Pension) Rules 1993 it is deemed that he was allowed to withdraw resignation.
3. Upon notice the respondents ... resignation.
9. Further Rule 41 of Pension Rules 1993, which reads as under, also mandates the same that if a resignation is accepted then
against Rule 26 (2) read with Rule (5) of the same Rule of CCS (Pension) Rules, 1972.
7. A bare reading of Rule 26 would ... based on misreading of Rule. A careful reading of the Rule will show that Clause 2 and 3 of Rule 26 do not apply
from In-charge Principal, Navodaya Vidyalaya Samiti and is not the
technical resignation of the applicant. It is further submitted that in
response ... from pro-rata gratuity as
prescribed under Rule 37-A of the CCS Pension Rules. The
resignation of the petitioner was accepted
