granted by the concerned authority under the leave Rules. There is no Rule
under any leave Rules in the present case in hand for granting ... family pension under Rules 45 & 47 of the
Pension Rules of 1983. The distinction between "resignation" and "voluntary
retirement" have
followed the Central Civil
Services Rules. No rule has been brought to our notice
which provided that acceptance of resignation of an
employee would become ... acted upon such resignation
prospectively from the date the resignation is accepted or
could have rejected the offer of resignation on any ground
that
purpose and only past services prior
to resignation is saved. This flows from Rule 26 from
the CCS (Pension) Rules. No interference in writ
petition ... would be governed past such date.
10. Rule 26 (1) of CCS (Pension) Rules provides that
resignation from a service or a post, unless
served under Rule 48-A of the Central Civil Service (Pension)
Rules, 1972 (for short, the 'Pension Rules'), the resignation was to take ... rule (4) of Rule
48-A was valid and if so whether the power exercised under the sub-
rule (4) of Rule
petitioner that only Rule 9(c) of the Gratuity Rules is applicable and not Rule 9(d), since Rule 9(c) is applicable to persons ... That apart, Clause (d) of Rule 9, is almost analogous to Rule 23 of the Tamil Nadu Pension Rules,, 1978, which is extracted below
also to be stated that
Rule 26 of CCS (Pension) Rules specifically provides
that resignation from a service or post entails
forfeiture of past service ... where service
qualifies. Hence, on the basis of Rule 49 member of
BSF who has resigned from his post after completing
more than 10 years
laid emphasis on Rule 35.A of the Fertilizers and
Chemicals Travancore Limited Employees (Conduct, Discipline and
Appeal) Rules, 1977 (the Rules, for brevity ... circumstances as have been enumerated in Rule 35.A of
the Rules, not to accept the resignation. More particularly, the said
circumstance ought
restore the benefit of earned leave encashment in cases of
resignation, the applicable rules would be as modified by the pay
revision order ... leave rules extracted in W.P(C).No.33684 of 2015.
Those rules provided for earned leave encashment in case of
resignation also. The contention
Rule 101 (b) of the Bihar Pension Rules, 1950. On the contrary,
the stand of the State is that it is Rule 101 (a) which ... petitioner and the State by
virtue of his resignation and in view of the same, Rule 101 (a)
will come into play
relied upon Rule 40 of the the Maharashtra
Employees of Private Schools (Conditions of Service) Rules, 1981 ("MEPS
Rules" for short) to buttress ... these matters, Rule 40 of the MEPS Rules has been considered.
It is observed that Rule 40 is aimed at avoiding unscrupulous managements
getting
